fSii 


TZIE 


AMERICAN'S  GUIDE: 


COMPRISING  THE 


DECLARATION    OP    INDEPENDENCE  ;     THE    ARTICLES    OF 

CONFEDERATION  ;     THE    CONSTITUTION    OP 

THE    UNITED    STATES, 


CONSTITUTIONS  OF  THE  SEVERAL  STATES 
COMPOSING  THE  UNION. 


MAINE, 

MASSACHUSETTS, 

NEW    HAMPSHIRE, 

VERMONT, 

RHODE    ISLAND, 

CONNECTICUT, 

NEW    YORK, 

NEW   JERSEY, 

PENNSYLVANIA, 

DELAWARE, 

MARYLAND, 

VIRGINIA, 

NORTH    CAROLINA, 


SOUTH    CAROLINA, 

GEORGIA, 

KENTUCKY, 

TENNESSEE, 

OHIO, 

INDIANA, 

LOUISIANA, 

MISSISSIPPI, 

ILLINOIS, 

ALABAMA, 

MISSOURI, 

MICHIGAN, 

ARKANSAS. 


PHILADELPHIA: 
HOGAN  &  THOMPSON,  30  NORTH  FOURTH  ST. 


1845. 


THE  UNITED  STATES.  H 

resignation,  or  inability  to  discharge  the  powers  and  duties  of  the  said 
office,  the  same  shall  devolve  on  the  Vice  President ;  and  the  Congress 
may  by  law  provide  for  the  case  of  removal,  death,  resignation,  or  ina- 
bility, both  of  the  President  and  Vice  President,  declaring  vi'hat  officer 
shall  then  act  as  President ;  and  such  officer  shall  act  accordingly,  until 
the  disability  be  removed  or  a  President  shall  be  elected. 

7.  Tlie  President  shall,  at  stated  times,  receive  for  his  services  a  com- 
pensation, which  shall  neither  be  increased  nor  diminished  during  the 
period  for  which  he  shall  have  been  elected,  and  he  shall  not  receive 
within  that  period  any  other  emolument  from  the  United  States,  or 
any  of  them. 

8.  Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the 
following  oath  or  affirmation : — 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute  the 
office  of  President  of  the  United  States,  and  will,  to  the  best  of  my  ability, 
preserve,  protect,  and  defend  the  constitution  of  the  United  States." 

SECTIOJT  II. 

1.  The  President  shall  be  commander-in-chief  of  the  army  and  navy 
of  the  United  States  and  of  the  militia  of  the  several  states,  when  called 
into  the  actual  service  of  the  United  States ;  he  may  require  the  opinion 
in  writing  of  the  principal  officer  in  each  of  the  executive  departments, 
upon  any  subject  relating  to  the  duties  of  their  respective  othces ;  and 
he  shall  have  power  to  grant  reprieves  and  pardons  for  oflences  against 
the  United  States,  except  in  cases  of  impeachment. 

2.  He  shall  have  power,  by  and  with  the  advice  and  consent  of  the 
Senate,  to  make  treaties,  provided  two-thirds  of  the  senators  present, 
concur :  and  he  shall  nominate,  and  by  and  with  the  advice  and  con- 
sent of  the  Senate,  shall  appoint  ambassadors,  other  public  ministers 
and  consuls,  judges  of  the  supreme  court,  and  all  other  officers  of  the 
United  States,  whose  appointments  are  not  herein  othei-wise  provided 
for,  and  which  shall  be  established  by  law.  But  the  Congress  may 
by  law  vest  the  appointment  of  such  inferior  officers  as  they  think 
proper  in  the  President  alone,  in  the  courts  of  law,  or  in  the  heads  of 
departments. 

3.  The  President  shall  have  power  to  fill  up  all  vacancies  that  may 
happen  during  the  recess  of  the  Senate,  by  granting  commissions,  which 
shall  expire  at  the  end  of  their  next  session. 

SECTiosr  HI. 
1.  He  shall,  from  time  to  time,  give  to  Congress  information  of 
the  state  of  the  Union,  and  recommend  to  their  consideration  such 
measures  as  he  shall  judge  necessary  and  expedient;  he  may,  on 
extraordinary  occasions,  convene  both  Houses,  or  either  of  them ;  and 
in  case  of  disagreement  between  them,  with  respect  to  the  time  of 
adjournment,  he  may  adjourn  them  to  such  time  as  he  shall  think 
proper ;  he  shall  receive  ambassadors  and  other  public  ministers ;  he 
shall  take  care  that  the  laws  be  faithfully  executed ;  and  shall  com- 
mission all  the  olficers  of  the  United  States. 


18  CONSTITUTION  OF 


SECTION  IV. 

1.  The  President,  Vice  President,  and  all  civil  officers  of  the  United 
States,  shall  be  removed  from  office  on  impeachment  for  and  conviction 
of  treason,  bribery,  or  other  high  crimes  and  misdemeanors. 

ARTICLE  ni. 

Of  the  Judiciary. 

SECTION  I. 

1.  The  judicial  power  of  the  United  States  shall  be  vested  in  one 
Supreme  Court,  and  in  such  inferior  courts  as  Congress  may,  from 
time  to  time  order  and  establish.  The  judges,  both  of  the  supreme 
and  inferior  courts,  shall  hold  their  offices  during  good  behaviour;  and 
shall,  at  stated  times,  receive  for  their  services  a  compensation,  which 
shall  not  be  diminished  during  their  continuance  in  office. 

SECTION  II. 

1.  The  judicial  power  shall  extend  to  all  cases  in  law  and  equity 
arising  under  this  Constitution,  the  laws  of  the  United  States,  and 
treaties  made,  or  which  shall  be  made,  under  their  authority ;  to  all 
cases  affecting  ambassadors,  other  public  ministers,  and  consuls  ;  to  all 
cases  of  admiralty  and  maritime  jurisdiction  ;  to  controversies  tQ  which 
the  United  States  shall  be  a  party ;  to  controversies  between  two  or 
more  states ;  between  a  state  and  citizens  of  another  state ;  between 
citizens  of  different  states  ;  between  citizens  of  the  same  state  claiming 
lands  under  grants  of  different  states ;  and  between  a  state,  or  the  citi- 
zens thereof  and  foreign  states,  citizens,  or  subjects. 

2.  In  all  cases  affecting  ambassadors,  other  public  ministers,  and 
consuls,  and  those  in  which  a  state  shall  be  a  party,  the  Supreme  Court 
shall  have  original  jurisdiction.  In  all  the  other  cases  before  mentioned 
the  Supreme  Court  shall  have  appellate  jurisdiction,  both  as  to  law  and 
fact,  with  such  exceptions,  and  under  such  regulations  as  Congress 
shall  make. 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  be 
by  jury,  and  such  trial  shall  be  held  in  the  state  where  the  said  crimes 
shall  have  been  committed ;  but  when  not  committed  within  any  state, 
the  trial  shall  be  at  such  place  or  places  as  Congress  may  by  law 
have  directed. 

SECTION  III. 

1.  Treason  against  the  United  States  shall  consist  only  in  levying 
war  against  them,  or  in  adhering  to  their  enemies,  giving  them  aid 
and  comfort.  No  person  shall  be  convicted  of  treason,  unless  on  the 
testimony  of  two  witnesses  to  the  same  overt  act,  or  confession  in 
open  court. 

2.  Congress  shall  have  power  to  declare  the  punishment  of  treason ; 
but  no  attainsler  of  treason  shall  work  corruption  of  blood,  or  forfeiture, 
except  during  the  life  of  the  person  attainted. 


INDEX. 


Alabama, 332 

Connecticut, 102 

Delaware, 14) 

Georgia, 214 

Illinois, 317 

Indiana, 273 

Kentucky, 226 

Louisiana, 290 

Maine, 19 

Maryland, 159 

Massachusetts, 33 

Mississippi, 303 

Missouri, 350 

New  Hampshire, ^ 62 

New  Jersey, 124 

New  York, 112 

North  Carolina, 190 

Ohio, 261 

Pennsylvania, 128 

Rhode  Island,  Charter  of, 92 

South  CaroUna, 204 

Tennessee, 242 

United  States, , 5 

Vermont, 81 

Virginia, 179 

Michigan 38 1 

Arkansas 393 

Appkitdix 369 


AMERICAN   CONSTITUTIONS. 


CONSTITUTION  OF  MAINE. 


We,  the  people  of  Maine,  in  order  t©  establish  justice,  ensure  tran- 
quillity, provide  for  our  natural  defence,  promote  our  common  welfare, 
find  secure  to  ourselves  and  our  posterity  the  blessings  of  liberty,  ac- 
knowledging, with  grateful  hearts,  the  goodness  of  the  Sovereign  Ruler 
of  the  Universe  in  affording  us  an  opportunity  so  favourable  to  the  de- 
aign ;  and  imploring  his  aid  and  direction  in  its  accomplishment,  do 
agree  to  form  ourselves  into  a  free  and  independent  state,  by  the  style 
and  title  of  the  State  of  Maine,  and  do  ordain  and  establish  the  follow- 
ing Constitution  for  the  government  of  the  same : 

ABTICLE    1. 

Declaration  of  Bights. 

§  1.  All  men  are  bom  equally  free  and  independent,  and  have  cer- 
tain natural,  inherent,  and  unalienable  rights,  among  which  are  those 
of  enjoying  and  defending  life  and  liberty,  acquiring,  possessing,  and 
protecting  property,  and  of  pursuing  and  obtaining  safety  and  happi- 
ness. 

2.  All  power  is  inherent  in  the  people ;  all  free  governments  are 
founded  in  their  authority,  and  instituted  for  their  benefit :  they  have, 
therefore,  an  unalienable  and  indefeasible  right  to  institute  government, 
and  to  alter,  reform,  or  totally  change  the  same,  when  their  safety  and 
happiness  require  it. 

3.  All  men  have  a  natural  and  imalienable  right  to  worship  Almighty 
God  according  to  the  dictates  of  their  own  consciences,  and  no  one 
shall  be  hurt,  molested,  or  restrained  in  his  person,  liberty,  or  estate,  for 
worshipping  God  in  the  manner  and  season  most  agreeable  to  the  dic- 
tates of  his  own  conscience,  nor  for  his  religious  professions  or  senti- 
ments, provided  he  does  not  disturb  the  public  peace,  nor  obstruct 
others  in  their  religious  worship  ; — and  all  persons  demeaning  them- 
selves peaceably,  as  good  members  of  the  state,  shall  be  equally  under 
the  protection  of  the  laws,  and  no  subordination  nor  preference,  of  any 
one  sect  or  denomination  to  another,  shall  ever  be  established  by  law, 
nor  shall  any  religious  test  be  required  as  a  qualification  for  any  office 
or  trust  under  this  state  ;  and  all  religious  societies  in  this  state,  whe- 
ther incorporate,  or  unincorporate,  shall  at  all  times  have  the  exclusive 
right  of  electing  their  public  teachers,  and  contracting  with  them  f«r 
their  support  and  maintenance. 

19 


20  CONSTITUTION  OF 

4.  Every  citizen  may  freely  speak,  write,  and  publish  his  sentiments 
on  any  sabject,  being  responsible  for  the  abuse  of  this  liberty.  No  laws 
shall  be  passed  regulating  or  restraining  the  freedom  of  the  press ;  and, 
in  prosecutions  for  any  publication  respecting  the  official  conduct  of 
men  in  public  capacity,  or  the  qualifications  of  those  who  are  candi- 
dates for  the  suffrages  of  the  people,  or  where  the  matter  published  is 
proper  for  public  information,  the  truth  thereof  may  be  given  in  evi- 
dence ;  and  in  all  indictments  for  libels,  the  jury,  after  having  received 
the  direction  of  the  court,  shall  have  a  right  to  determine,  at  their  dis- 
cretion, the  law  and  the  fact. 

5.  The  people  shall  be  secure  in  their  persons,  houses,  papers,  and 
possessions  from  unreasonable  searches  and  seizures  ;  and  no  warrant 
to  search  any  place,  or  seize  an  person  or  thing,  shall  issue  without  a 
special  designation  of  the  place  to  be  searched,  and  the  person  or  thing 
to  be  seized,  nor  without  probable  cause,  supported  by  oath  or  affirmation. 

6.  In  all  criminal  prosecutions,  the  accused  shall  have  a  right  to  he 
heard  by  himself  and  his  counsel,  or  either,  at  his  election  :  to  demand 
the  nature  and  cause  of  the  accusation,  and  have  a  copy  thereof : 

To  be  confronted  by  the  witnesses  against  him  : 
To  have  compulsory  process  for  obtaining  witnesses  in  his  favour  : 
To  have  a  speedy,  public,  and  impartial  trial ;  and,  except  in  trials 
by  martial  law  or  impeachment,  by  a  jury  of  the  vicinity.  He  shall 
not  be  compelled  to  furnish  or  give  evidence  against  himself,  nor  be 
deprived  of  his  life,  liberty,  property,  or  privileges,  but  by  judgment  of 
his  peers,  or  the  law  of  the  land. 

7.  No  person  shall  be  held  to  answer  for  a  capital  or  infamous  crime, 
unless  on  a  presentment  or  indictment  of  a  grand  jury,  except  in  cases 
of  impeachment,  or  in  such  cases  of  offences  as  are  usually  cognizable 
by  a  justice  of  the  peace,  or  in  cases  arising  in  the  army  or  navy,  or  in 
the  militia  when  in  actual  service,  in  time  of  war  or  public  danger. 
The  legislature  shall  provide  by  law  a  suitable  and  impartial  mode  of 
selecting  juries;  and  their  usual  number  and  unanimity,  in  indictments 
and  convictions,  shall  be  held  indispensable. 

8.  No  person  for  the  same  offence  shall  be  twice  put  in  jeopardy  of 
life  or  limb. 

9.  Sanguinary  laws  shall  not  be  passed ;  all  penalties  and  punish 
ments  shall  be  proportioned  to  the  offence  ;  excessive  bail  shall  not  be 
required  nor  excessive  fines  imposed,  nor  cruel  nor  unusual  punish- 
ments inflicted. 

10.  All  persons,  before  conviction,  shall  be  bailable  except  for  capital 
offences,  where  the  proof  is  evident,  or  the  presumption  great ;  and  the 
privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended,  unless 
when  in  cases  of  rei)ellion  or  invasion  the  public  safety  may  require  it. 

11.  The  legislature  shall  pass  no  bill  of  attainder,  ex  post  facto  law, 
nor  law  impairing  the  obligation  of  contracts,  and  no  attainder  shall 
work  corruption  of  blood  nor  forfeiture  of  estate. 

12.  Treason  against  this  state  shall  consist  only  in  levying  war 
against  it,  adhering  to  its  enemies,  giving  them  aid  and  comfort.  No 
person  shall  be  convicted  of  treason,  unless  on  the  testimony  of  two 
witnesses  to  the  same  overt  act,  or  confession  in  open  court. 

13.  The  laws  shall  not  be  suspended,  but  by  the  legislature  or  its 
authority. 


MAINE.  21 

14.  No  person  shall  be  subject  to  corporal  punishment  under  mili- 
tary law,  except  such  as  are  employed  in  the  army  or  navy,  or  in  the 
militia  when  in  actual  service,  in  time  of  war,  or  public  danger. 

15.  The  people  have  a  right,  at  all  times,  in  an  orderly  and  peacea- 
ble manner,  to  assemble  and  consult  upon  the  common  good,  to  give 
instructions  to  their  representatives,  and  to  request  of  either  department 
of  the  government,  by  petition  or  Temonstrance,  redress  of  their  wrongs 
and  grievances. 

16.  Every  citizen  has  a  right  to  keep  ard  bear  arms  for  the  common 
defence  ;  and  this  right  shall  never  be  qw  ^tioned. 

17.  No  standing  army  shall  be  kept  ur  jn  time  of  peace,  without  the 
consent  of  the  legislature  ;  and  the  miUt  /y  shall,  in  all  cases,  and  at  all 
times,  be  in  strict  subordination  to  the  c  n\  power. 

18.  No  soldier  shall,  in  time  of  pea  »e,  be  quartered  in  any  house, 
without  the  consent  of  the  owner  or  occupant,  nor  in  time  of  war,  biit 
in  a  manner  to  be  prescribed  by  law. 

19.  Every  person  for  an  injury  done  him  in  his  person,  reputation, 
property,  or  immunities,  shall  have  remedy  by  due  course  of  law ;  and 
right  and  justice  shall  be  administered  freely  and  without  sale,  com- 
pletely and  without  denial,  promptly  and  without  delay. 

20.  In  all  civil  suits,  and  in  ah  controversies  concerning  property, 
the  parties  shall  have  a  right  to  a  aial  by  jury,  except  in  cases  where  it 
has  heretofore  been  otherwise  practised :  the  party  claiming  the  right 
may  be  heard  by  himself  and  his  counsel,  or  either,  at  his  election. 

21.  Private  property  shall  not  be  taken  for  public  uses  without  just 
compensation  ;  nor  unless  the  public  exigencies  require  it. 

22;  No  tax  or  duty  shall  be  imposed  without  the  consent  of  the  peo- 
ple or  their  representatives  in  the  legislature. 

23.  No  title  of  nobility  or  hereditary  distinction,  privilege,  honour,  or 
emolument,  shall  ever  be  granted  or  confirmed  ;  nor  shall  any  office  be 
created,  the  appointment  to  which  shall  be  for  a  longer  time  than 
during  good  behaviour. 

24.  The  enumeration  of  certain  rights  shall  not  impsdr  nor  deny 
others  retained  by  the  people. 

ARTICLE    2. 

Electors. 

§  1.  Every  male  citizen  of  the  United  States,  of  the  age  of  twenty- 
one  year*  and  upwards,  excepting  paupers,  persons  under  guardianship, 
and  Indians  not  taxed,  having  his  residence  established  in  this  state  for 
the  terra  of  three  months  nex  t  preceding  any  election,  shall  be  an  elec- 
tor for  governor,  senators,  anc'l  representatives,  in  the  town  or  planta- 
tion v/liere  his  residence  is  sc  established,  and  the  elections  shall  be  by 
writt»-Ti  ballot.  But  persons  in  the  military,  naval,  or  marine  service  ot 
the  United  States,  or  this  sta  ie,  shall  not  be  considered  as  having  obtain- 
ed such  established  resider  ce  by  being  stationed  in  any  garrison,  bar- 
rack, or  military  place,  in  any  town  or  plantation :  nor  shall  the  resi- 
dence of  a  student  at  any  t  eminary  of  learning  entitle  him  to  the  right 
of  suffrage  in  the  town  <  r  plantation  where  such  seminary  is  estab- 
lished. 

2.  Electors  shall,  in  all  la'es  except  treason,  felony,  or  breach  of  tb 


CONSTITUTION   OF 

peaxie,  be  privileged  from  arrest  on   the  days  of  election,  during  their 
attendance  at,  going  to,  and  returning  therefrom. 

3.  No  elector  shall  be  obliged  to  do  duty  in  the  militia  on  any  day 
of  election,  except  in  time  of  war  or  public  danger. 

4.  The  election  of  governor,  senators,  and  representatives  shall  be 
on  the  second  Monday  of  September,  annually,  for  ever. 

ARTICLE    3. 

Distribution  of  Powers. 

§  1.  The  powers  of  this  government  shall  be  divided  into  three  dis- 
tinct departments,  the  legislative,  executive,  and  judicial. 

2.  No  person  or  persons,  belonging  to  one  of  these  departments, 
shall  exercise  any  of  the  powers  properly  belonging  to  either  of  the 
others,  except  in  the  cases  herein  expressly  directed  or  permitted, 

AKTICLE    4. PART  THE  FIRST. 

Legislative  Poxoer — Hotise  of  Representatives. 

§  1.  The  legislative  power  shall  be  vested  in  two  distinct  branches  ; 
a  house  of  representatives  and  a  senate,  each  to  have  a  negative  on 
the  other ;  and  both  to  be  styled,  the  Legislature  of  Jifaine :  and  the 
style  of  their  acts  and  laws  shall  be,  "  Be  it  enacted  by  the  Senate 
arid  House  of  Representatives  in  Legislature  assembled." 

2.  The  house  of  representatives  shall  consist  of  not  less  than  one 
hundred,  nor  more  than  two  hundred  members,  to  be  elected  by  the 
qualified  electors  for  one  year  from  the  next  day  preceding  the  annual 
meeting  of  the  legislature — which  shall  first  be  convened  under  this 
constitution,  shall,  on  or  before  the  fifteenth  day  of  August,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  twenty-one,  and  the  legis- 
lature within  every  subsequent  period  of  at  most  ten  years,  and  at  least 
five,  cause  the  number  of  the  inhabitants  of  the  state  to  be  ascertained, 
exclusive  of  foreigners  not  naturalized,  and  Indians  not  taxed.  The 
number  of  representatives  shall,  at  the  several  periods  of  making  such 
enumeration,  be  fixed  and  apportioned  among  the  several  counties,  as 
near  as  may  be,  according  to  the  number  of  inhabitants,  having  regard 
to  the  relative  increase  of  population.  The  number  of  representatives 
shall,  on  said  first  apportionment,  be  not  less  than  one  hundred  nor 
more  than  one  hundred  and  fifty  ;  and  whenever  the  number  of  repre- 
sentatives shall  be  two  hundred,  at  the  next  annual  meetings  of  elec- 
tions, which  shall  thereafter  be  had,  and  at  every  subsequent  period  of 
ten  years,  the  people  shall  give  in  their  votes  whether  the  number  of 
representatives  shall  be  increased  or  diminished ;  and  if  a  majority  of 
votes  are  in  favour  thereof,  it  shall  be  the  duty  of  the  next  legislature 
thereafter  to  increase  or  diminish  the  number  by  the  rule  hereinafter 
prescribed. 

3.  Each  tovsm  having  fifteen  hundred  inhabitants  may  elect  one  re- 
presentative ;  each  town  having  three  thousand  seven  himdred  and  fifty 
may  elect  two ;  each  town  having  six  thousand  seven  hundred  and 
fifty  may  elect  three ;  each  town  having  ten  thousand  five  hundred  may 
elect  four ;  each  town  having  fifteen  thousand  may  elect  five  ;  each 
town   having  twenty  thousand   two  hundred  and  fifty  may  elect  six ; 


MAINE.  23 

each  town  having  twenty-six  thousand  two  hundred  and  fifty  inhabi- 
tants may  elect  seven ;  but  no  town  shall  ever  be  entitled  to  more  than 
seven  representatives ;  and  towns  and  plantations,  duly  organized,  not 
having  fifteen  hundred  inhabitants,  shall  be  classed,  as  conveniently  as 
may  be,  into  districts,  containing  that  number,  and  so  as  not  to  divide 
towns ;  and  each  such  district  may  elect  one  representative  ;  and  when 
on  this  apportionment,  the  number  of  representatives  shall  be  two  hun- 
dred, a  different  apportionment  shall  take  place  upon  the  above  princi- 
ple ;  and,  in  case  the  fifteen  hundred*  shall  be  too  large  or  too  small  to 
apportion  all  the  representatives  to  any  county,  it  shall  be  so  increased 
or  diminished  as  to  give  the  number  of  representatives  according  to  the 
above  rule  and  proportion ;  and  whenever  any  town  or  towns,  plantation 
or  plantations,  not  entitled  to  elect  a  representative,  shall  determine 
against  a  classification  with  any  other  town  or  plantation,  the  legisla- 
ture may,  at  each  apportionment  of  representatives,  on  the  appUcation  of 
such  town  or  plantation,  authorize  it  to  elect  a  representative  for  such 
portion  of  time,  and  such  periods,  as  shall  be  equal  to  its  portion  of  re- 
presentation, and  the  right  of  representation,  so  established,  shall  not  be 
altered  until  the  next  general  apportionment. 

4.  No  person  shall  be  a  member  of  the  house  of  representatives,  un- 
less he  shall,  at  the  commencement  of  the  period  for  which  he  is  elected, 
have  been  five  years  a  citizen  of  the  United  States ;  having  arrived  at  the 
age  of  twenty-one  years ;  have  been  a  resident  in  this  state  one  year,  or 
from  the  adoption  of  this  constitution ;  and,  for  the  three  months  next 
preceding  the  time  of  his  election,  shall  have  been,  and  during  the  period 
for  which  he  is  elected,  shall  continue  to  be,  a  resident  in  the  town  or 
district  which  he  represents. 

5.  The  meetings  for  the  choice  of  representatives  shall  be  warned, 
in  due  course  of  law,  by  the  selectmen  of  the  several  towns,  seven  days, 
at  least,  before  the  election  ;  and  the  selectmen  thereof  shall  preside  im- 
partially at  such  meetings,  receive  the  votes  of  all  the  qualified  electors 
present,  sort,  count,  and  declare  them,  in  open  town  meeting,  and  in  the 
presence  of  the  town  clerk,  who  shall  form  a  list  of  the  persons  voted  for, 
with  the  number  of  votes  for  each  person  against  his  name,  shall  make 
a  fair  record  thereof  in  the  presence  of  the  selectmen,  and  in  open  town 
meeting ;  and  a  fair  copy  of  this  list  shall  be  attested  by  the  selectmen 
and  town  clerk,  and  delivered  by  said  selectmen  to  each  representative 
within  ten  days  next  after  such  election.  And  the  towns  and  planta- 
tions, organized  by  law,  belonging  to  any  class  herein  provided,  shall 
hold  their  meetings  at  the  same  time  in  the  respective  towns  and  plan- 
tations ;  and  the  town  and  plantation  meetings  in  such  towns  and  plan- 
tations, shall  be  notified,  held,  and  regulated,  the  votes  received,  sorted, 
counted,  and  declared,  in  the  same  manner.  And  the  assessors  and 
clerks  of  plantations  shall  have  all  the  powers,  and  be  subject  to  all  the 
duties,  which  selectmen  and  town  clerks  have,  and  are  subject  to,  by 
this  constitution.  And  the  selectmen  of  such  towns,  and  the  assessors  of 
such  plantations  so  classed,  shall,  within  four  days  next  after  such  meet- 
ing, meet  at  some  place,  to  be  prescribed  and  notified  by  the  selectmen 
or  assessors  of  the  eldest  town  or  plantation  in  such  class,  and  the 
copies  of  said  lists  shall  be  then  examined  and  compared ;  and,  in  case 
any  person  shall  be  elected  by  a  majority  of  all  the  votes,  the  selectmen 
or  assessors  shall  deliver  the  certified  copies  of  such  lists  to  the  person 


24  CONSTITUTION   OF 

60  elected,  within  ten  days  next  after  such  election  ;  and  the  clerks  of 
towns  and  plantations,  respectively,  shall  seal  up  copies  of  all  such  lists, 
and  cause  them  to  be  delivered  into  the  secretary's  office  twenty  days  at 
least  before  the  first  Wednesday  in  January,  annually  ;  but,  in  case  no 
person  shall  have  a  majority  of  votes,  the  selectmen  and  assessors  shall, 
as  soon  as  may  be,  notify  another  meeting,  and  the  same  proceedings 
shall  be  at  every  future  meeting  until  an  election  shall  have  been  effect- 
ed, provided,  that  the  legislature  may,  by  law,  prescribe  a  different  moda 
of  returning,  examining,  and  ascertaining  the  election  of  the  representa 
lives  in  such  classes. 

6.  Whenever  the  seat  of  a  member  shall  be  vacated,  by  death,  resig 
nation,  or  otherwise,  the  vacancy  may  be  filled  by  a  new  election. 

7.  The  house  of  representatives  shall  choose  their  speaker,  clerk,  and 
other  officers. 

8.  The  house  of  representatives  shall  have  the  sole  power  of  impeach- 
ment. 

AETICLE  4. PART  SECOND. 

Senate. 

§  1.  The  senate  shall  consist  of  not  less  than  twenty,  nor  more  than 
thirty-one  members ;  elected  at  the  same  time,  and  for  the  same  term, 
as  the  representatives,  by  the  qualified  electors  of  the  districts  into  which 
the  state  shall,  from  time  to  time,  be  divided. 

2.  The  legislature  which  shall  be  first  convened  under  this  constitu- 
tion shall,  on  or  before  the  fifteenth  day  of  August,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  twenty-one,  and  the  legislature 
at  every  subsequent  period  of  ten  years,  cause  the  state  to  be  divided  into 
districts  for  the  choice  of  senators.  The  district  shall  conform,  as  near 
as  may  be,  to  county  lines,  and  be  apportioned  according  to  the  number 
of  inhabitants.  The  number  of  senators  shall  not  exceed  twenty  at  the 
first  apportionment,  and  shall,  at  each  apportionment,  be  increased,  until 
they  shall  amount  to  thirty-one,  according  to  the  increase  in  the  house 
of  representatives. 

3.  The  meetings  for  the  election  of  senators  shall  be  notified,  held, 
and  regulated,  and  the  votes  received,  sorted,  counted,  declared,  and  re- 
corded, in  the  same  manner  as  those  for  representatives.  And  fair  copies 
of  the  lists  of  votes  shall  be  attested  by  the  selectmen  and  town  clerks 
of  towns,  and  the  assessors  and  clerks  of  plantations,  and  sealed  up  in 
open  town  and  plantation  meetings,  and  the  town  and  plantation  clerks, 
respectively,  shall  cause  the  same  to  be  delivered  into  the  secretary's 
office,  thirty  days  at  least  before  the  first  Wednesday  of  January.  All 
other  qualified  electors,  living  in  places  unincorporated,  who  shall  be  as- 
sessed to  the  support  of  government  by  the  assessors  of  an  adjacent 
town,  shall  have  the  privilege  of  voting  for  senators,  representatives,  and 
governor,  in  such  town,  and  shall  be  notified  by  the  selectmen  thereof, 
for  the  purpose,  accordingly. 

4.  The  governor  and  council  shall,  as  soon  as  may  be,  examine  re- 
turned copies  of  such  lists,  and,  twenty  days  before  the  said  first  Wed- 
nesday of  January,  issue  a  summons  to  such  persons  as  shall  appear  to 
be  elected  by  a  majority  of  the  votes  in  each  district,  to  attend  that  day 
and  take  their  seats. 


MAINE,  2b 

5.  The  senate  shall  on  the  said  first  Wednesday  of  January,  annually, 
detennine  who  are  elected  by  a  majority  of  votes  to  be  senators  in  each 
district ;  and,  in  case  the  full  number  of  senators  to  be  elected  from  each 
district  shall  not  have  been  so  elected,  the  members  of  the  house  of  re- 
presentatives, and  such  senators  as  shall  have  heen  elected,  shall,  from 
the  highest  number  of  the  persons  voted  for,  on  said  lists,  equal  to  twice 
the  number  of  senators  deticient,  in  every  district  if  there  be  so  many 
voted  for,  elect,  by  joint  ballot,  the  number  of  senators  required  ;  and  in 
this  manner  all  vacancies  in  the  senate  shall  be  supplied,  as  soon  as  may 
be,  after  such  vacancies  happen. 

6.  I'he  senators  shall  be  twenty-five  years  of  age  at  the  commence- 
ment of  the  term  for  which  they  are  elected,  and  in  all  oilier  respects 
their  qualifications  shall  be  the  same  as  those  of  the  representatives, 

7.  The  senate  shall  have  the  sole  power  to  try  all  impeachments  ;  and, 
when  sitting  for  that  purpose,  shall  be  on  oath  or  affirmation  ;  and  no 
person  shall  be  convicted  Avithout  the  concurrence  of  two-thirds  of  the 
members  present.  Their  judgment,  however,  shall  not  extend  further 
than  to  removal  from  office,  and  disqualification  to  hold  or  enjoy  any 
office  of  honour,  trust,  or  profit  under  this  state  ;  but  the  party,  whether 
convicted  or  acquitted,  shall,  nevertheless,  be  liable  to  indictment,  trial, 
judgment,  and  punishment,  according  to  law. 

8.  The  senate  shall  choose  their  president,  secretary,  and  other  offi 


ARTICLE  4. PART  THIRD, 

Legislative  Potver. 

§  1.  The  legislature  shall  convene  on  the  first  Wednesday  of  Janu- 
ary, annually,  and  shall  have  full  power  to  make  and  establish  all  rea- 
sonable laws  and  regulations  for  the  defence  and  benefit  of  the  people  of 
this  state,  not  repugnant  to  tliis  constitution,  nor  to  that  of  the  United 
States. 

2.  Every  bill  or  resolution,  having  the  force  of  law,  to  which  the  con- 
currence of  both  houses  may  be  necessary,  except  on  a  question  of  ad- 
journment, which  shall  have  passed  both  houses,  shall  be  presented  to 
the  governor,  and  if  he  approve,  he  shall  sign  it ;  if  not,  he  shall  return 
it,  with  his  objections,  to  the  house  in  which  it  shall  have  originated, 
who  shall  enter  the  objections  at  large  on  its  journals,  and  proceed  to  re- 
consider it.  If,  after  such  reconsideration,  two-thirds  of  that  house  shall 
agree  to  pass  it,  it  shall  be  sent,  together  with  the  objections,  to  the  other 
house,  by  which  it  shall  be  reconsidered  ;  and,  if  approved  by  two-thirds 
of  that  house,  it  shall  have  the  same  eflcct  as  if  it  had  been  signed  by  the 
governor  ;  but,  in  all  such  cases,  the  votes  of  both  houses  shall  be  talcen 
by  yeas  and  nays,  and  the  names  of  the  persons  voting  for  and  against 
the  bill  or  resolution,  shall  be  entered  on  the  journals  of  both  houses,  re- 
spectively. If  the  bill  or  resolution  shall  not  be  returned  by  the  governor 
within  five  days  (Sundays  excepted)  after  it  shall  have  been  presented 
to  him,  it  shall  have  the  same  force  and  effect  as  if  he  had  signed  it ;  un- 
less the  legislature  by  their  adjourmnent  prevent  its  return,  in  which 
case  it  shall  have  such  force  and  effect,  unless  returned  within  three  days 
after  their  next  meeting. 

3.  Each  house  shall  be  the  judge  of  the  elections  and  qualifications  of 

C 


26  CONSTITUTION    OF 

Its  own  members,  and  a  majority  shall  constitute  a  quorum  to  do  busi- 
ness ;  but  a  smaller  number  may  adjourn  from  day  to  day,  and  may  com- 
pel the  attendance  of  absent  members,  in  such  manner  and  under  such 
penalties  as  each  house  shall  provide. 

4  Each  house  may  determine  the  rules  of  its  proceedings,  punish  its 
members  for  disorderly  behaviour,  and,  with  the  concurrence  of  two- 
thirds,  expel  a  member,  but  not  a  second  time  for  the  same  cause. 

5.  Each  house  shall  keep  a  journal,  and  from  time  to  time  publish  its 
proceedings,  except  such  parts  as,  in  their  judgment,  may  require  secresy  ; 
and  the  yeas  and  nays  of  the  members  of  either  house,  on  any  question, 
shall,  at  the  desire  of  one-fifth  of  those  present,  be  entered  on  the  jour- 
nals. 

6.  Each  house,  during  its  session,  may  punish,  by  imprisonment,  any 
person,  not  a  member,  for  disrespectful  or  disorderly  behaviour  in  ite 
presence;  for  obstructing  any  of  its  proceedings  ;  threatening,  assaulting, 
or  abusing  any  of  its  members  for  any  thing  said,  done,  or  doing,  in 
either  house :  Provided,  that  no  imprisonment  shall  extend  beyond  the 
period  of  the  same  session 

7.  The  senators  and  representatives  shall  receive  such  compensation 
as  shall  be  established  by  law  ;  but  no  law  increasing  their  compensa- 
tion shall  take  effect  during  the  existence  of  the  legislature  which 
enacted  it.  The  expenses  of  the  members  of  the  house  of  representa- 
tives in  travelling  to  the  legislature  and  returning  therefrom,  once  in 
each  session,  and  no  more,  shall  be  paid  by  the  state,  out  of  the  public 
treasury,  to  every  member  who  shall  seasonably  attend,  in  the  judg- 
ment of  the  house,  and  does  not  depart  therefrom  without  leave. 

8.  The  senators  and  representatives  shall,  in  all  cases,  except  trea 
son,  felony,  or  breach  of  the  peace,  be  privileged  from  arrest  during 
their  attendance  at,  going  to,  and  returning  from  each  session  of  the 
legislature,  and  no  member  shall  be  liable  for  any  thing  spoken  in  de- 
bate in  either  house  in  any  court  or  place  elsewhere. 

9.  Bills,  orders,  or  resolutions  may  originate  in  either  house,  and 
may  be  altered,  amended,  or  rejected  in  the  other;  but  all  bills  foi 
raising  a  revenue  shall  originate  in  the  house  of  representatives,  but 
the  senate  may  propose  amendments,  as  in  other  cases ;  provided,  thai 
they  shall  not,  under  colour  of  amendment,  introduce  any  new  matter, 
which  does  not  relate  to  raising  a  revenue. 

10.  No  senator  or  representative  shall,  during  the  term  for  which  he 
shall  have  been  elected,  be  appointed  to  any  civil  office  of  profit  under 
this  state,  which  shall  have  been  created,  or  the  emoluments  of  which 
increased  during  such  term,  except  such  offices  as  may  be  filled  by  elec- 
tions by  the  people :  provided  that  this  prohibition  shall  not  extend  to 
the  members  of  the  first  legislature. 

11.  No  member  of  congress,  nor  person  holding  any  office  under  the 
United  States,  (post  officers  excepted,)  nor  office  of  profit  under  this 
state,  justices  of  the  peace,  notaries  public,  coroners,  and  officers  of  the 
militia,  excepted,  shall  have  a  seat  in  either  house  during  his  being  such 
member  of  congress,  or  his  continuing  in  such  office. 

1 2.  Neither  house  shall,  during  the  session,  without  the  consent  of 
the  other,  adjourn  for  more  than  two  days,  nor  to  any  other  place  than 
that  in  which  the  houses  shall  be  sitting. 


MAINE.  27 

ARTICLE    5. PART    FIRST. 

Executive  Po-wer. 

§  1.  The  supreme  executive  power  of  this  state  shall  be  vested  in  a 
governor. 

2.  The  governor  shall  be  elected  hjt  the  qualified  electors,  and  shall 
hold  his  office  one  year,  from  the  first  Wednesday  of  January  in  each 
year. 

3.  The  meetings  for  election  of  governor  shall  be  notified,  held,  and 
regulated,  and  votes  shall  be  received,  sorted,  counted,  declared,  and  re- 
corded, in  the  same  manner  as  those  for  senators  and  representatives. 
They  shall  be  sealed  and  returned  into  the  secretary's  office  in  the  same 
manner,  and  at  the  same  time,  as  those  for  senators.  And  the  secretary 
of  state  for  the  time  being  shall,  on  the  first  Wednesday  of  January 
then  next,  lay  the  lists  before  the  senate  and  house  of  representatives, 
to  be  by  them  examined ;  and,  in  case  of  a  choice  by  a  majority  of  all 
the  votes  returned,  they  shall  declare  and  publish  the  same.  But  if  no 
person  shall  have  a  majority  of  votes,  the  house  of  representatives  shall, 
by  ballot,  from  the  persons  having  the  four  highest  numbers  of  votes 
on  the  list,  if  so  many  there  be,  elect  two  persons,  and  make  return  of 
their  names  to  the  senate,  of  whom  the  senate  shall,  by  ballot,  elect 
one,  who  shall  be  declared  the  governor. 

4.  The  governor  shall,  at  the  commencement  of  his  term,  be  not  less 
than  thirty  years  of  age  ;  a  natural  bom  citizen  of  the  United  States ; 
have  been  five  yeeirs,  or  from  the  adoption  of  this  constitution,  a  re- 
sident of  the  state ;  and,  at  the  time  of  his  election,  and  during  the 
term  for  which  he  is  elected,  be  a  resident  of  said  state. 

5.  No  person  holding  any  office  or  place  under  the  United  States, 
this  state,  or  any  other  power,  shall  exercise  the  office  of  governor. 

6.  The  governor  shall,  at  stated  times,  receive  for  his  services  a  com- 
pensation, which  shall  not  be  increased  or  diminished  during  his  con- 
tinuance in  office. 

7.  He  shall  be  commander-in-chief  of  the  army  and  navy  of  the  state, 
and  of  the  militia,  except  when  called  into  the  actual  service  of  the 
United  States ;  but  he  shall  not  march  nor  convey  any  of  the  citizens 
out  of  the  state  without  their  consent,  or  that  of  the  legislature,  unless  it 
shall  become  necessary,  in  order  to  march  or  transport  them  from  one 
part  of  the  state  to  another,  for  the  defence  thereof. 

8.  He  shall  nominate,  and,  with  the  advice  and  consent  of  the  coun- 
cil, appoint,  all  judicial  officers,  the  attorney  general,  the  sheriff,  coro- 
ners, registers  of  probate,  and  notaries  public ;  and  he  shall  also  nomi- 
nate, and  with  the  advice  and  consent  of  the  council,  appoint,  all  other 
civil  and  military  officers  whose  appointment  is  not,  by  this  constitu- 
tion, or  shall  not  by  law,  be  otherwise  provided  for ;  and  every  such 
nomination  shall  be  made  seven  days  at  least  prior  to  such  appointment. 

9.  He  shall,  from  time  to  time,  give  the  legislature  information  of  the 
condition  of  the  state,  and  recommend  to  their  consideration  such  mea- 
sures as  he  may  judge  expedient. 

10.  He  may  require  information  from  any  military  officer,  or  any 
officer  in  the  executive  department,  upon  any  subject  relating  to  the 
duties  of  their  respective  offices. 

li.  He  shall  have  power,  with  the  advice  and  consent  of  the  council 


28  C0N8TITUTI0N  OF 

to  remit,  after  copviction,  all  forfeitures  and  penalties,  and  grant  re. 
prieves  and  pardons,  except  in  cases  of  impeachment. 

12.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

13.  He  may,  on  extraordinary  occasions,  convene  the  legislature ; 
and,  in  case  of  disagreement  between  the  two  houses  with  respect  to 
the  time  of  adjournment,  adjourn  them  to  such  time  as  he  shall  think 
proper,  not  beyond  the  day  of  the  next  annual  meeting ;  and  if,  since 
their  last  adjoiurnment,  the  place  where  the  legislature  were  next  to 
convene  shall  have  became  dangerous  from  an  enemy,  or  contagious 
sickness,  may  direct  the  session  to  be  held  at  some  other  convenient 
place  within  the  state. 

14.  Whenever  the  ofSce  of  governor  shall  become  vacant  by  death, 
resignation,  removal  from  office,  or  otherwise,  the  president  of  the  se- 
nate shall  exercise  the  office  of  governor  until  another  governor  shall 
be  duly  qualified  ;  and,  in  c£tse  of  the  death,  resignation,  removal  from 
office,  or  other  disqualification  of  the  president  of  the  senate,  so  ex- 
ercising the  office  of  governor,  the  speaker  of  the  house  of  representa- 
tives shall  exercise  the  office,  until  a  president  of  the  senate  shall  have 
been  chosen ;  and  when  the  office  of  governor,  president  of  the  senate, 
and  speaker  of  the  house  shall  become  vacant,  in  the  recess  of  th« 
senate,  the  person  acting  as  secretary  of  state  for  the  time  being  shall, 
by  proclamation,  convene  the  senate,  that  a  president  may  be  chosen  to 
exercise  the  office  of  governor.  And  whenever  either  the  president  of 
the  senate  or  speaker  of  the  house  shall  so  exercise  said  office,  he  shall 
receive  only  the  compensation  of  governor,  but  his  duties  as  president 
or  speaker  shall  be  suspended ;  and  the  senate  or  house  shall  fill  the 
vacancy,  until  his  duties  as  governor  shall  c«ase. 

ABTICLE    5. PART    SECOITD. 

CounciL 

§  1.  There  shall  be  a  council,  to  consist  of  seven  persons,  citizens  of 
the  United  States,  and  residents  of  this  state,  to  advise  the  governor  in 
the  executive  part  of  the  government,  whom  the  governor  shall  have  frill 
power,  at  his  discretion,  to  assemble ;  and  he,  with  the  counsellors  or  a 
majority  of  them,  may,  from  time  to  time,  hold  and  keep  a  council,  for 
ordering  and  directing  the  affairs  of  state  according  to  law. 

2.  The  counsellors  shall  be  chosen  annually,  on  the  first  Wednesday 
of  January,  by  joint  ballot  of  the  senators  and  representatives  in  con- 
vention ;  and  vacancies  which  shall  afterwards  happen  shall  be  filled  in 
the  same  manner ;  but  not  more  than  one  counsellor  shall  be  elected 
from  any  district  prescribed  for  the  election  of  senators ;  and  they  shall 
be  privileged  from  arrest  in  the  same  manner  a^  senators  and  represen- 
tatives. 

3.  The  resolutions  and  advice  of  council  shall  be  recorded  in  a  regis- 
ter, and  signed  by  the  members  agreeing  thereto,  which  may  be  called 
for  by  either  house  of  the  legislature ;  and  any  counsellor  may  enter  his 
dissent  to  the  resolution  of  the  majority. 

4.  No  member  of  congress,  or  of  the  legislature  of  this  state,  nor  any 
person  holding  any  office  under  the  United  States,  (post  officers  ex- 
cepted,) nor  any  civil  officers  under  this  state,  (justices  of  the  peace  and 
notaries   public   excepted,)  shall  be   counsellors.     And  no   counselloi 


MAINE.  29 

shall  be  appointed  to  any  office  during  the  time  for  wliich  he  shall  have 
been  elected. 

ARTICLE    5. PAUT    THIRH, 

Secretary, 

§  I.  The  secretary  of  state  shall  be  chosen  annually,  at  the  first  ses- 
*ion  of  the  legislature,  by  joint  ballot  of  the  senators  and  representatives 
in  convention. 

2.  The  records  of  the  state  shall  be  kept  in  the  office  of  the  secre- 
tary, who  may  ippoint  his  deputies,  for  w^hose  conduct  he  shall  be 
iccountable. 

3.  He  shall  attend  tlie  governor  and  council,  senate  and  house  of  re- 
presentatives, in  person,  or  by  his  deputies,  as  they  shall  respectively 
require. 

4.  He  shall  carefully  keep  and  preserve  the  records  of  all  the  official 
acts  and  proceedings  of  the  governor  and  council,  senate,  and  house  of 
representatives,  and,  when  required,  lay  the  same  before  either  branch  of 
tiie  legislature,  and  perform  such  other  duties  as  are  enjoined  by  this 
constitution,  or  shall  be  required  by  law. 

ARTICLE    5.^PART    FOURTH. 

Treasurer. 

§  1.  The  treasurer  shall  be  chosen  annually,  at  the  first  session  of  the 
legislature,  by  joint  ballot  of  the  senators  and  representatives  in  con- 
vention, but  shall  not  be  eligible  more  than  five  years  successively. 

2.  The  treasurer  shall,  before  entering  on  the  duties  of  his  office,  give 
bond  to  the  state,  with  sureties,  to  the  satisfaction  of  the  legislature,  for 
tlie  faithful  discharge  of  his  trust. 

3.  The  treasurer  shall  not,  during  his  continuance  in  office,  engage  in 
any  business  of  trade  or  commerce,  or  as  a  broker,  nor  as  an  agent  or 
factor  for  any  merchant  or  trader. 

4.  No  money  shall  be  drawn  from  the  treasury,  but  by  warrant  from 
the  governor  and  council,  and  in  consequence  of  appro[)riations  made 
by  law ;  and  a  regular  statement  and  account  of  the  receipts  and  expen- 
ditures of  all  public  money  shall  be  published  at  the  conmiencement  of 
tJie  annual  session  of  the  legislature. 

ARTICLE    6. 

Judicial  Poiver. 

§  1.  The  judicial  power  of  this  state  shall  be  vested  in  a  supreme  ju- 
dicial court,  and  such  other  courts  as  the  legislature  shall,  from  time  to 
time,  establish. 

2.  The  justices  of  the  supreme  judicial  court  shall,  at  stated  times, 
receive  a  compensation,  which  shall  not  be  diminished  during  their  con- 
tinuance in  office,  but  they  shall  receive  no  other  fee  or  reward. 

3.  They  shall  be  obliged  to  give  their  opinion  upon  important  ques- 
tions of  law,  and  upon  solemn  occasions,  when  required  by  the  governor, 
council,  senate,  or  house  of  representatives. 

4.  All  judicial  officers,  except  justices  of  the   peace,  shall  hold  their 


30  CONSTITUTION   OF 

offices   during  good  behaviour,   but   not  beyond  the  age   of    seventy 
years. 

5.  Justices  of  the  peace  and  notaries  public  shall  hold  their  offices 
during  seven  years,  if  they  so  long  behave  themselves  well,  at  the  ex- 
piration of  which  term,  they  may  be  re-appointed,  or  others  appointed, 
as  the  public  interest  may  require. 

6.  The  justices  of  the  supreme  judicial  court  shall  hold  no  office  un- 
der the  United  States,  nor  any  state,  nor  any  other  office  under  this 
state,  except  that  of  justice  of  the  peace. 

ABTICLi:    7. 

JW,litary. 

§  1.  The  captains  and  subalterns  of  the  militia  shall  be  elected  by  the 
written  votes  of  the  members  of  their  respective  companies.  The  tield 
officers  of  regiments  by  the  written  votes  of  the  captains  and  subalterns 
of  their  respective  regiments.  The  brigadier-generals,  in  like  manner, 
by  the  field  officers  of  their  respective  brigades. 

2.  The  legislature  shall,  by  law,  direct  the  manner  of  notifying  the 
electors,  conducting  the  elections,  and  making  the  returns  to  the  governor 
of  the  officers  elected  ;  and  if  the  electors  shall  neglect  or  refuse  to 
make  such  elections,  after  being  duly  notified  according  to  law,  the 
governor  shall  appoint  suitable  persons  to  fill  such  offices. 

3.  The  major-general  shall  be  elected  by  the  senate  and  house  of 
representatives,  each  having  a  negative  on  the  other.  The  adjutant-gen- 
eral and  quartermaster-general  shall  be  appointed  by  the  governor  and- 
council ;  but  the  adjutant-general  shall  perform  tlie  duties  of  quarter- 
master-general, until  otherwise  directed  by  law.  The  major-generala 
and  brigadier-generals,  and  the  commanding  officers  of  regiments  and 
battalions,  shall  appoint  their  respective  stalf  officers ;  and  all  military 
officers  shall  be  commissioned  by  the  governor. 

4.  The  militia,  as  divided  into  divisions,  brigades,  regimt^nts,  battalions, 
and  companies,  pursivant  to  the  laws  now  in  force,  shall  remain  so 
organized,  until  the  same  shall  be  altered  by  the  legislature. 

5.  Persons  of  the  denomination  of  quakers  and  shakers,  justices  of 
the  supreme  judicial  court,  and  ministers  of  the  gospel,  may  be  exempted 
from  military  duty  ;  but  no  other  person,  of  the  age  of  eighteen  and 
under  the  age  of  forty-five  years,  excepting  officers  of  the  militia  who 
have  been  honourably  discharged,  shall  be  so  exempted,  unless  he  shall 
pay  an  equivalent,  to  be  fixed  by  law. 

ARTICLE    8. 

Literature. 

A  general  diffusion  of  the  advantages  of  education  being  essential  tor 
the  preservation  of  the  rights  and  liberties  of  the  people ;  to  promote 
this  important  object,  the  legislature  are  authorized,  and  it  shall  be  their 
duty,  to  require  the  several  towns  to  make  suitable  provision,  at  then 
own  expense,  for  the  support  and  maintenance  of  public  schools ;  and 
it  shall  further  be  their  duty  to  encourage  and  suitably  endow,  from 
time  to  time,  as  the  circumstances  of  the  people  may  authorize,  all 
Ecademies,  colleges,  and   seminaries  of  learning.  wiUiin  the  stale :   pro- 


MAINE.  31 

vided,  that  no  donation,  grant,  ot  endowment,  shall  at  any  time  be  made 
by  the  legislature,  to  any  literary  institution  now  established,  or  which 
may  hereafter  be  established,  unless  at  the  time  of  making  such  endow- 
ment, the  legislature  of  the  state  shall  have  the  right  to  grant  any  further 
powers  to  alter,  hmit,  or  restrain  any  of  the  powers  vested  in  any  such 
literary  institution,  as  shall  be  judged  necessary  to  promote  the  best  in- 
terests thereof. 

ARTICLE    9. 
General  Provisions. 

§  1.  Every  person  elected  or  appointed  to  either  of  the  places  or  offices 
provided  in  this  constitution,  and  every  person  elected,  appointed,  or 
commissioned,  to  any  judicial,  executive,  military,  or  other  office  under 
this  state,  shall,  before  he  enter  on  the  discharge  of  the  duties  of  his 
place   or  office,  take  and  subscribe  the  following  oath  or  affirmation : 

"  I, ,  do  swear,  that  I  will  support  the  constitution  of  the  United 

States  and  of  this  state,  so  long  as  I  shall  contume  a  citizen  thereof. 
So  help  me  God." 

"  I, ,  do  swear,  that  I  will  faithfully  discharge,  to  the  best  of 

my  abilities,  the  duties  incumbent  on  me  as ,  according  to  the 

constitution  and  the  laws  of  the  state  :  so  help  me  God  :"  provided,  that 
an  affirmation  in  the  above  forms  may  be  substituted,  when  the  persons 
shall  be  conscientiously  scrupulous  of  taking  and  subscribing  an  oath. 

The  oatlis  or  affirmations  shall  be  taken  and  subscribed  by  the  gover- 
nor and  counsellors  before  the  presiding  officer  of  the  senate,  in  the 
presence  of  both  houses  of  the  legislature,  and  by  the  senators  and 
representatives  before  the  governor  and  council,  and  by  the  residue  of 
said  officecs  before  such  person  as  shall  be  prescribed  by  the  legislature ; 
and,  whenever  the  governor  or  any  counsellor  shall  not  be  able  to  attend, 
during  the  session  of  the  legislature,  to  take  and  subscribe  said  oaths  or 
athrmations,  such  oaths  or  affirmations  may  be  taken  and  subscribed,  in 
the  recess  of  the  -legislature,  before  any  justice  of  the  supreme  judicial 
court :  provided,  that  the  senators  and  representatives  first  elected  under 
this  constitution  shall  take  and  subscribe  such  oaths  or  affirmations,  be- 
fore the  president  of  the  conveiiition. 

2.  No  person  holding  the  office  of  justice  of  the  supreme  judicia. 
court,  or  of  any  inferior  court,  attorney-general,  county  attorney,  trea^ 
surer  of  the  state,  adjutant-general,  judge  of  probate,  register  of  probate 
register  of  deeds,  sheriffs  or  their  deputies,  clerks  of  the  judicial  courts, 
shall  be  a  member  of  the  legislature ;  and  any  person  holding  either  of 
the  foregoing  offices,  elected  to  and  accepting  a  seat  in  the  congress  of 
the  United  States,  shall  thereby  vacate  said  office ;  and  no  person  shall 
be  capable  of  holding  or  exercising,  at  the  same  time,  within  this  state, 
more  than  one  of  the  offices  before  mentioned. 

3.  All  commissions  shall  be  in  the  name  of  the  state,  signed  by  the 
governor,  attested  by  the  secretary  or  his  deputy,  and  have  the  seal  of 
the  state  thereto  affixed. 

4.  And  in  case  the  elections  required  by  this  constitution  on  the  first 
Wednesday  of  January,  annually,  by  the  two  houses  of  the  legislature, 
shall  not  be  completed  on  that  day,  the  same  may  be  adjourned  from  day 
to  day  until  completed,  in  the  following  order :  the  vacancies  in  the 


32  CONSTITUTION  OF 

senate  shall  first  be  filled ;  the  governor  shall  then  be  elected,  if  tnere  be  nc 
choice  by  the  people :  and,  afterwards,  the  two  houses  shall  elect  the 
council. 

5.  Every  per«!on  holding  any  civil  office  under  this  state  may  be  re- 
moved, by  impeachment,  for  misdemeanor  in  office  ;  and  every  person 
holding  any  office  may  be  removed  by  the  governor,  with  the  advice  of 
the  council,  on  the  address  of  both  branches"of  the  legislature.  But^ 
before  such  address  shall  pass  either  house,  the  causes  of  removal  shal 
be  stated  and  entered  on  the  journal  of  the  house  in  which  it  originated, 
and  a  copy  thereof  served  on  the  person  in  office,  that  he  may  be  admit- 
ted to  a  hearing  in  his  defence. 

6.  The  tenure  of  all  offices,  which  are  not  or  shall  not  be  otherwise 
provided  for,  shall  be  during  the  pleasure  of  the  governor  and  council. 

7.  While  the  public  exp3nses  shall  be  assessed  on  polls  and  estates,  a 
general  valuation  shall  be  taken  at  least  once  in  ten  years. 

8.  All  taxes  upon  real  estate,  assessed  by  authority  of  this  state,  shall 
be  apportioned  and  assessed  equally,  according  to  the  just  value  thereof. 

AUTICLE     10. 

Schedule, 

§  1.  The  first  legislature  shall  meet  on  the  last  Wednesday  in  Maj 
next.  The  elections  on  the  second  Monday  in  September,  annually 
shall  not  commence  until  the  year  one  thousand  eight  hundred  and 
twenty-one,  and,  in  the  mean  time  the  election  for  governor,  senators 
and  representatives,  shall  be  on  the  first  Monday  in  April,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  twenty  ;  and  at  this  election 
the  same  proceedings  shall  be  had  as  are  required  at  the  elections  pro- 
vided for  in  this  constitution,  on  the  second  Monday  in  September,  annu- 
ally, and  the  lists  of  the  votes  for  the  governor  and  senators  shall  be 
transmitted  by  the  town  and  plantation  clerks^*respectively,  to  the  secre- 
tary of  state  pro  tempore,  seventeen  days  at  least  before  the  last  Wednes- 
day in  May  next ;  and  the  president  of  the  convention  shall,  in  presence 
of  the  secretary  of  state, ///-o  tempore,  open  and  examine  the  attested 
copies  of  said  lists,  so  returned  for  senators,  and  shall  have  all  the  pow- 
ers, and  be  subject  to  all  the  duties  ui  ascertaining,  notifying,  and  sum- 
moning, the  senators  who  appear  to  be  elected,  as  the  governor  and  coun- 
cil have,  and  are  subject  to,  by  this  constitution :  provided,  he  shall  iiotity 
said  senators  fourteen  days  at  least  before  the  last  Wednesday  in  May 
and  vacancies  shall  be  ascertained  and  filled  in  the  manner  herein  pro 
vided  ;  and  the  senators  to  be  elected  on  the  said  first  Monday  of  April 
shall  be  apportioned  as  follows  : 

The  county  of  York  shall  elect  three  ;  the  county  of  Cumberland 
shall  elect  three  ;  the  county  of  Lincoln  shall  elect  three  ;  the  coimty 
of  Hancock  shall  elect  two  ;  the  county  of  Washington  shall  elect  one , 
the  county  of  Kennebec  shall  elect  three ;  the  county  of  Oxford  shall 
elect  two ;  the  county  of  Somerset  shall  elect  two ;  the  county  of  Pe- 
nobscot shall  elect  one. 

And  the  members  of  the  house  of  representatives  shall  be  elected, 
ascertained,  and  returned  in  the  same  manner  as  herein  provided  at 
elections  on  the  second  Monday  of  September  :  and  the  first  house  of  re- 
presentatives shall  consist  of  the  following  number,  to  be  elected  as  follows 


MAINE.  33 

County  of  York. — The  towns  of  York  and  Wells  may  each  elect  two 
representatives ;  and  each  of  the  remaining  towns  may  elect  one. 

Connty  of  Cumberland. — The  town  of  Portland  may  elect  three 
representatives  ;  North  Yarmouth,  two  ;  Brunswick,  two ;  Gorham,  two  ; 
Freeport  and  Pownal,  two ;  Eaymond  and  Otisfield,  one  ;  Bridgton, 
Baldwin,  and  Harrison,  one ;  Poland  and  Danville,  one  ;  and  each  re- 
maining town,  one. 

Co7/nty  of  Lincoln. — The  towns  of  Georgetown  and  Phipsburg  may 
elect  one  representative ;  Lewistown  and  Wales,  one ;  St.  George, 
Gushing,  and  Friendship,  one  ;  Hope  and  Appleton  Ridge,  one  ;  Jeffer- 
son, Putnam,  and  Patricktown  Plantation,  one :  Alba  and  Whitcfield, 
one  ;  Montville,  Palermo,  and  Montville  Plantation,  one ;  Woolwich 
and  Dresden,  one  ;  and  each  remaining  town,  one. 

County  of  Hancock. — The  town  of  Bucksport  may  elect  one  repre- 
sentative ;  Deer  Island,  one ;  Castine  and  Brooksville,  one  ;  Orland 
and  Penobscot,  one  ;  Mount  Desert  and  Eden,  one  ;  Vinalhaven  and 
Isleborough,  one  ;  Sedgwick  and  Bluehill,  one  ;  Gouldsborough,  Sulli- 
van, and  plantations.  No.  8  and  9,  north  of  Sullivan,  one  ;  Surry,  Ells- 
worth, Trenton,  and  plantation  of  Mariaville,  one  ;  Lincolnville,  Sears- 
mont,  and  Belmont,  one ;  Belfast  and  Northport,  one  ;  Prospect  and 
Swanville,  one  ;  Frankfort  and  Monroe,  one  ;  Knox,  Brooks,  Jackson, 
and  Thomdike,  one. 

Connty  of  Washington. — The  towns  of  Steuben,  Cherryfield,  and 
Harrington,  may  elect  one  representative ;  Addison,  Columbia,  and 
Jonesborough,  one  ;  Machias,  one  ;  Lubec,  DennysvilJe,  plantations  No. 
9,  No.  10,  No.  11,  No.  12,  one;  Eastport,  one;  Perry,  Robinson,  Ca- 
lais, plantations  No.  3,  No.  6,  No.  7,  No.  15,  and  No.  16,  one. 

County  of  Kennebec. — The  towns  of  Belgrade  and  Dearborn  may 
elect  one  representative  ;  Chesterville,  Vienna,  and  Rome,  one  ;  Wayne 
and  Fayette,  one  ;  Temple  and  Wilton  one ;  Winslow  and  China,  one ; 
Fairfax  and  Freedom,  one ;  Unity,  Joy,  and  Twenty-five  mile  Pond 
plantation,  one ;  Harlem  and  Malta,  one  ;  and  each  remaining  town, 
one. 

Connty  of  Oxford. — The  towns  of  Dixfield,  Mexico,  Wield,  and 
plantations  Nos.  1  and  4,  may  elect  one  representative  ;  Jay  and  Hart- 
ford, one ;  Livermore,  one ;  Rumford,  East  Andover,  and  plantations 
Nos.  7  and  8,  one ;  Turner,  one  ;  Woodstock,  Paris,  and  Greenwood, 
one ;  Hebron  and  Norway,  one ;  Gilead,  Bethel,  Newry,  Albany,  and 
Howard's  Gore,  one ;  Porter,  Hiram,  and  Brownfield,  one ;  Waterford, 
Sweden,  and  Lovell,  one  ;  Denmark,  Fryeburg,  and  Fryeburg  Addition, 
one  ;  Buckfield  and  Sumner,  one. 

County  of  Sojnerset — The  town  of  Fairfield  may  elect  one  represen- 
tative ;  Norridgwock  ond  Bloomfield,  one  ;  Starks  and  Mercer,  one  ;  In- 
dustry, Strong,  and  New  Vineyard,  one ;  Avon,  Phillips,  Freeman,  and 
Kingiield,  one  ;  Anson,  New  Portland,  Embden,  and  plantation  No.  1, 
one  ;  Canaan,  Warsaw,  Palmyra,  St.  Albans,  and  Corinna,  one ;  Madi- 
son, Solon,  Bingham,  Moscow,  and  Northhill,  one  ;  Corn\'ille,  Athens, 
Harmony,  Ripley,  and  Warrenstown,  one 

County  of  Penobscot. — The  towns  of  Hampden  and  Newburg  may 
elect  one  representative ;  Orrington,  Brewer  and  Eddington,  and  planta- 
tions adjacent,  on  the  east  side  of  Penobscot  river,  one  ;  Bangor,  Orono, 
and   Sunkhaze  plantation,  one ;  Dixmont,  Newport,  Carrnel,  Hermon, 


34  CONSTITUTION    OF 

Stetson,  and  plantation  No.  4,  in  the  6th  range,  one  ;  Levant,  Corinth, 
Exeter,  New  Charlestown,  Blakesburg,  plantation  No.  1,  in  3d  range, 
and  plantation  No.  1,  in  4th  range,  one;  Dexter,  Garland,  Guilford, 
Sangervillc,  and  plantation  No.  3,  in  6th  range,  one ;  Atkinson,  Sebec, 
Foxcroft,  Brownvillc,  Williamsburgh,  plantation  No.  1,  in  7th  range, 
and  plantation  No.  3,  in  7th  range,  one. 

And  the  secretary  of  state,  pro  tempore,  shall  have  the  same  powers 
and  be  subject  to  the  same  dutiej,  in  relation  to  the  votes  for  governor, 
as  the  secretary  of  state  has,  and  is  subject  to,  by  this  constitution  :  and 
the  election  of  governor  shall,  on  the  said  last  Wednesday  in  May,  be 
determined  and  declared  in  the  same  manner  as  other  elections  of 
governor  are  by  this  constitution  ;  and,  in  case  of  vacancy  in  said  office, 
the  president  of  the  senate,  and  speaker  of  the  house  of  representatives, 
shall  exercise  the  office  as  herein  otherwise  provided,  and  the  counsel- 
lors, secretaiy,  and  treasurer,  shall  also  be  elected  on  the  said  day,  and 
have  tlie  same  powers,  and  be  subject  to  the  same  duties,  as  is  provided 
in  this  constitution  ;  and  in  case  of  the  death  or  other  disquaUfication  of 
the  president  of  this  convention,  or  of  the  secretary  of  state />ro  tempore ^ 
before  the  election  and  qualification  of  the  governor,  or  secretary  of  state, 
under  this  constitution,  the  persons  to  be  designated  by  this  convention, 
at  their  session  in  January  next,  shall  have  all  the  powers,  and  perform 
all  the  duties,  which  the  president  of  this  convention,  or  the  secretary 
pro  tempore,  to  be  by  them  appointed,  shall  have  and  perform. 

2.  The  period  for  which  the  governors,  senators,  and  representatives, 
counsellors,  secretary,  and  treasurer,  first  elected,  or  appointed,  are  to 
serve  in  their  respective  offices  and  places,  shall  commence  on  the  last 
Wednesday  in  May,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  twenty,  and  continue  until  the  first  Wednesday  of  January,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  twenty-two. 

3.  All  laws  now  in  force  ui  this  state,  and  not  repugnant  to  this  con- 
stitution, shall  remain  and  be  in  force,  until  altered  or  repealed  by  the 
legislature,  or  shall  expire  by  their  own  limitation. 

4.  The  legislature,  whenever  two-thirds  of  both  houses  shall  deem  it 
necessary,  may  propose  amendments  to  this  constitution ;  and  when  any 
amendment  shall  be  so  agreed  upon,  a  resolution  shall  be  passed  and  sent 
to  the  selectmen  of  the  several  towns,  and  the  assessors  of  the  several 
plantations,  empowering  and  directing  them  to  notify  the  inhabitants  of 
their  respective  towns  and  plantations,  in  the  manner  prescribed  by  law, 
at  their  next  annual  meetings  in  the  month  of  September,  to  give  in  their 
votes  on  the  question  whether  such  amendment  shall  be  made ;  and  if  it 
shall  appear  that  a  majority  of  the  inhabitants  voting  on  the  question  are 
in  favour  of  such  amendment,  it  shall  become  a  part  of  this  constitution. 

6.  All  officers  provided  for  in  the  sLxth  section  of  an  act  of  the  com- 
monwealth of  Massachusetts,  passed  on  the  nineteenth  day  of  June,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  nineteen,  entitled, 
"  An  act  relating  to  the  separation  of  the  district  of  Maine  from  Massa- 
chusetts proper,  and  forming  the  same  into  a  separate  and  independent 
state,"  shall  continue  in  office,  as  therein  provided ;  and  the  following 
provisions  of  said  act  shall  be  a  part  of  this  constitution  :  subject,  however, 
to  be  modified,  or  annulled,  as  therein  is  prescribed,  and  not  otherwise, 
to  wit: 

"  Sect  L  Whereas  it  has  been  represented  to  this  legislature,  that  a 


p  MAINE.  33 

majority  of  the  people  of  the  district  of  Maine  are  desirous  of  establishing 
a  separate  and  independent  government  within  said  district :  Therefore, 

"  lie  it  enacted  by  the  Senate  and  House  of  Representatives,  in  Ge 
neval  Court  assembled,  and  by  the  authority  of  the  same,  That,  the 
consent  of  this  commonweaUh  be,  and  the  same  is  hereby,  given,  that 
the  district  of  Maine  may  be  formed  and  erected  into  a  separate  and  in 
dependent  state,  if  the  people  of  the  said  district  shall,  in  the  manner, 
and  by  the  majority  hereinafter  mentioned,  express  their  consent  ano 
agreement  thereto,  upon  the  following  terms  and  conditions:  And,  pro- 
vided the  congress  o'  the  United  States  shall  give  its  consent  thereto  be- 
fore the  fourth  day  of  March  next :  which  terms  and  conditions  are  as 
follow,  viz : 

"  First.  All  the  lands  and  buildings  belonging  to  the  commonwealth, 
within  Massachusetts  proper,  shall  continue  to  belong  to  said  common- 
wealth ;  and  all  the  lands  belonging  to  the  commonwealth  within  the 
district  of  Maine  shall  belong,  the  one  half  thereof  to  the  said  com- 
monwealth, and  the  other  half  thereof  to  the  state  to  be  formed  with- 
in the  said  district,  to  be  divided  as  is  hereinafter  mentioned ;  and 
the  lands  within  the  said  district,  which  shall  belong  to  the  said  com- 
monwealth, shall  be  free  from  taxation,  while  the  title  of  the  said  lands 
remains  in  the  commonwealth  ;  and  the  rights  of  the  commonwealth  to 
their  lands,  within  said  district,  and  the  remedies  for  the  recovery  there- 
of, shall  continue  tlie  same,  within  the  proposed  state,  and  in  the  courts 
thereof,  as  they  now  are  within  the  said  commonwealth,  and  in  the  courts 
thereof;  for  which  purposes,  and  for  the  maintenance  of  its  rights,  and 
recovery  of  its  lands,  the  said  commonwealth  shall  be  entitled  to  all  other 
proper  and  legal  remedies,  and  may  appear  in  the  courts  of  the  proposed 
state,  and  in  the  courts  of  the  United  States  holden  therein  ;  and  all  rights 
of  action  for,  or  entry  into  lands,  and  of  action  upon  bonds,  for  the  breach 
of  the  performance  of  the  condition  of  settling  duties,  so  called,  which 
have  accrued,  or  may  accrue,  shall  remain  in  this  commonwealth,  to  be 
enforced,  commuted,  released,  or  otherwise  disposed  of,  in  such  manner 
as  this  commonwealth  may  hereafter  determine  :  provided,  however,  that 
whatever  this  commonwealth  may  hereafter  receive  or  obtain  on  account 
thereof,  if  any  thing,  shall,  after  deducting  all  reasonable  charges  relating 
thereto,  be  divided,  one-third  part  thereof  to  the  new  state,  and  two- 
third  parts  thereof  to  this  commonwealth. 

"  Second.  All  the  anns  which  have  been  received  by  this  common- 
wealth from  the  United  States,  under  the  law  of  congress,  entitled,  '  An 
act  making  provision  for  arming  and  equipping  the  whole  body  of  militia 
of  the  United  States,  passed  April  the  twenty-third,  one  thousand  eight 
hundred  and  eight,'  shall,  as  soon  as  the  said  district  shall  become  a  sepa- 
rate state,  be  divided  between  the  two  states,  in  proportion  to  the  returns 
of  the  militia,  according  to  which  the  said  arms  have  been  received  from 
the  United  States  as  aforesaid. 

"  Third.  All  money,  stock,  or  other  proceeds,  hereafter  derived  from 
the  United  States,  on  account  of  the  claim  of  this  commonwealth,  for  dis- 
•  bursements  made,  and  expenses  incurred,  for  the  defence  of  the  state 
during  the  late  war  with  Great  Britain,  shall  be  received  by  this  com- 
monwealth ;  and  when  received,  shall  be  divided  between  the  two  states, 
in  the  proportion  of  two-thirds  to  this  commonwealth,  and  one-third  to 
the  new  state. 


36  CONSTITUTION   OF 

"  Fourth.  All  other  property,  of  every  description,  belonging  to  tho 
commonwealth,  shall  be  holden  and  receivable  by  the  same,  as  a  fund  and 
security  for  all  debts,  annuities,  and  Indian  subsidies,  or  claims,  due  by 
said  commonwealth :  and  within  two  years  after  the  said  district  shall 
have  become  a  separate  state,  the  commissioners  to  be  appointed,  as  here- 
inafter provided,  if  the  said  states  cannot  otherwise  agree,  shall  assign  a 
just  portion  of  the  productive  property  so  held  by  said  commonwealth,  as 
an  equivalent  and  indemnification  to  said  commonwealth  for  all  such 
debts,  annuities,  or  Indian  subsidies,  or  claims,  which  may  then  remain 
due,  or  unsatisfied  ;  and  all  the  surplus  of  the  said  property,  so  holden,  as 
aforesaid,  shall  be  divided  between  the  said  commonwealth  and  the  said 
district  of  Maine,  in  the  proportion  of  two-thirds  to  the  said  common- 
wealth and  one- third  to  the  said  district ;  and  if,  in  the  judgment  of  the 
said  commissioners,  the  whole  of  said  property,  so  held,  as  a  fund  and 
security,  shall  not  be  sufficient  indemnification  for  the  purpose,  the  said 
district  shall  be  Uable  for,  and  shall  pay  to  said  commonwealth,  one-third 
of  the  deficiency. 

'^^  Fifth.  The  new  state  shall,  as  soon  as  the  necessary  arrangements 
can  be  made  for  that  purpose,  assume  and  perform  all  the  duties  and  ob- 
ligations of  this  commonwealth,  towards  the  Indians  within  said  district 
of  Maine,  whether  the  same  arise  from  treaties,  or  otherwise  ;  and  for  this 
purpose  shall  obtain  the  assent  of  said  Indians,  and  their  release  to  this 
commonwealth  of  claims  and  stipulations  arising  under  the  treaty  at 
present  existing  between  the  said  commonwealth  and  said  Indians  ;  and, 
as  indemnification  to  such  new  state  therefor,  this  commonwealth,  when 
such  arrangements  shall  be  completed,  and  the  said  duties  and  obliga- 
tions assumed,  shall  pay  to  said  new  state  the  value  of  thirty  thousand 
dollars,  in  manner  following,  viz. :  The  said  commissioners  shall  set  off, 
by  metes  and  bounds,  so  much  of  any  part  of  the  land,  within  the  said 
district,  falling  to  this  commonwealth,  in  the  division  of  the  public  lands 
hereinafter  provided  for,  as,  in  their  estimation,  shall  be  of  the  value  of 
thirty  thousand  dollars ;  and  this  commonwealth  shall,  thereuj)on,  assign 
the  same  to  the  said  new  state,  or,  in  lieu  thereof,  may  pay  the  sum  of 
tliirty  thousand  dollars,  at  its  election  ;  which  election  of  the  said  com- 
monwealth shall  be  made  within  one  year  from  the  time  that  notice  of 
the  doings  of  the  commissioners,  on  this  subject,  shall  be  made  known  to 
the  governor  and  council,  and  if  not  made  within  that  time,  the  election 
hall  be  with  the  new  state. 

"  Sixth.  Commissioners,  with  the  powers,  and  for  the  purposes  men- 
tioned in  this  act,  shall  be  appointed  in  manner  following :  The  execu- 
tive authority  of  each  state  shall  appoint  two  ;  and  the  four  so  appointed, 
or  the  major  part  of  them,  shall  appoint  two  more ;  but,  if  they  cannot 
agree  in  the  appointment,  the  executive  of  each  state  shall  appoint  one  in 
addition ;  not,  however,  in  that  case,  to  be  a  citizen  of  its  own  state. 
And  any  vacancy  happening  with  respect  to  the  commissioners,  shall  be 
supplied  in  the  manner  provided  for  their  original  appointment ;  and,  in 
addition  to  the  powers  hereinbefore  given  to  said  commissioners,  they 
shall  have  full  power  and  authority  to  divide  all  the  public  lands  within 
the  district  between  the  respective  states,  in  equal  shares,  or  moieties,  in 
severalty,  having  regard  to  quantity,  situation,  and  quality ;  they  shall 
determine  what  lands  shall  be  surveyed  and  divided,  from  time  to  time, 
he  expenses  of  which  surveys,  and  of  the  commissioners,  shall  be  borne 


MAINE.  37 

equally  by  the  two  states.  They  shall  keep  fair  records  of  their  doings, 
and  of  the  surveys  made  by  their  direction,  copies  of  which  records,  au- 
thenticated by  them,  shall  be  deposited,  from  time  to  time,  in  the  archives 
of  the  respective  states ;  transcripts  of  which,  properly  certified,  may  be 
admitted  in  evidence,  in  all  questions  touching  the  suliject  to  which  they 
relate.  The  executive  authority  of  each  state  may  revoke  the  power  of 
cither  or  both  its  commissioners  ;  having,  however,  first  appointed  a  sub- 
stitute, or  substitutes,  and  may  fill  any  vacancy  happening  with  respect 
to  its  own  commissioners  ;  four  of  said  commissioners  shall  constitute 
quorum  for  the  transaction  of  business  ;  their  decision  shall  be  final  upon 
all  subjects  wnthin  their  cognizance.  In  case  sf»id  commission  shall  ex- 
pire, the  same  not  having  been  completed,  and  either  state  shall  request 
the  renewal  or  filling  up  of  the  same,  it  shall  be  renewed  or  filled  up  in 
the  same- manner  as  is  herein  provided  for  filling  the  same  in  the  first  in- 
stance, £bnd  with  the  like  powers  ;  and  if  either  state  shall,  after  six 
months'  notice,  neglect  or  refuse  to  appoint  its  commissioners,  the  other 
may  fill  up  the  v^'hole  commission. 

"  Seventh.  All  grants  of  lands,  franchises,  immunities,  corporate  or 
other  rights,  and  all  contracts  for,  or  grants  of  lands  not  yet  located, 
which  have  been,  or  may  be,  made  by  the  said  commonwealth,  before 
the  separation  of  said  district  shall  take  place,  and  having  or  to  have 
effect  within  the  said  district,  shall  continue  in  full  force,  after  the  said 
district  shall  become  a  separate  state.  But  the  grant  which  has  been 
made  to  the  president  and  trustees  of  Bowdoin  college,  out  of  the  tax 
laid  upon  the  banks  within  this  commonwealth,  shall  be  charged  upon  the 
tax  upon  the  banks  within  the  said  district  of  Maine,  and  paid  according 
to  the  terms  of  said  grant ;  and  the  president  and  trustees,  and  the  over- 
seers of  said  college,  shall  have,  hold,  and  enjoy  their  powers  and  privi- 
leges in  all  respects  :  so  that  the  same  shall  not  be  subject  to  be  altered, 
limited,  annulled,  or  restrained,  except  by  judicial  process,  according  to 
the  principles  of  law ;  and,  in  all  grants  hereafter  to  be  made,  by  either 
state,  of  unlocatcd  land  witliin  the  said  district,  the  same  reservations 
shall  be  made  for  the  benefit  of  schools,  and  of  the  ministry,  as  have  here- 
tofore been  usual  in  grants  made  by  this  commonw^ealth.  And  all  lands 
heretofore  granted  by  this  commonwealth  to  any  religious,  literary,  or 
eleemosynary  corporation,  or  society,  shall  be  free  from  taxation,  wliile 
the  same  continues  to  be  owned  by  such  corporation  or  society. 

"  Eighth.  No  laws  shall  be  passed  in  the  proposed  state,  with  regard 
to  taxes,  actions,  or  remedies  at  law,  or  bars,  or  limitations  thereof,  or 
otherwise  making  any  distinction  between  the  lands  and  rights  of  pro- 
perty of  proprietors,  not  resident  in,  or  not  citizens  of,  said  proposed 
state,  and  the  lands  and  rights  of  property  of  the  citizens  of  the  pro- 
posed state,  resident  therein  :  and  the  rights  and  liabilities  of  all  persons 
shall,  after  the  said  separation,  continue  the  same  as  if  the  said  district 
was  still  a  part  of  this  commonwealth,  in  all  suits  pending,  or  judg- 
ments remaining  unsatisfied,  on  the  fifteenth  day  of  March  next,  where 
the  suits  have  been  commenced  in  Massachusetts  proper,  and  process 
has  been  served  within  the  district  of  Maine  ;  or  commenced  in  the  dis- 
trict of  Maine,  and  process  has  been  served  in  Massachusetts  proper, 
either  by  taking  bail,  maldng  attachments,  arresting  and  detaining  per 
sons,  or  otherwise,  where  execution  remains  to  be  done  ;  and  in  such 
suitSj  the  courts  within  Massachusetts  proper,  and  within  the  proposed 

1) 


38  CONSTITUTION   OF 

state,  shall  contiuue  to  have  the  same  jurisdictfon  as  if  the  said  district 
had  still  remained  a  part  of  the  commonwealth.  And  this  common- 
wealth shall  have  the  same  remedies  within  the  proposed  state  as  it  now 
has,  for  the  collection  of  all  taxes,  bonds,  or  debts,  which  may  be  as- 
sessed, due,  made,  or  contracted,  by,  to,  or  with  the  commonwealth,  on 
or  before  the  said  fifteenth  day  of  March,  within  the  said  district  of 
Maine  ;  and  all  officers  within  Massachusetts  proper  and  the  district  of 
Maine  shall  conduct  themselves  accordingly. 

"  JViiith.  These  terms  and  conditions,  as  here  set  forth,  when  the  said 
district  shall  become  a  separate  and  independent  state,  shall,  ipso  fuctOy 
be  incorporated  into,  and  become,  and  be  a  part  of,  any  constitution, 
provisional  or  other,  under  which  the  government  of  the  said  proposed 
state  shall,  at  any  time  hereafter,  be  administered  ;  subject,  however,  to 
be  modified,  or  ann\illed  by  the  agreement  of  the  legislature  of  both  the 
said  states  ;  but  by  no  other  power  or  body  whatsoever." 

§  6.  This  constitution  shall  be  enrolled  on  parchment,  deposited  in 
the  secretary's  office,  and  be  the  supi;eme  law  of  the  state  ;  and  printed 
copies  thereof  shall  be /prefixed  to  the  books  containing  the  laws  of  this 
state. 

Done  in  convention,  October  29,  1819 

WILLIAM  KING, 
President  of  the  Convention. 
Attest,  ROBERT  C.  VOSE,  Secretary. 


CONSTITUTION  OF  MASSACHUSETTS. 


i  Constitution,  or  frame  of  government,  agreed  upon  by  the  dele 
gates  of  the  people  of  Jlfassachusetts  Bay,  in  convention,  begun 
and  held  at  Cambridge,  on  the  first  of  September,  1779,  and  con- 
tinued, by  adjouriimeiit,  to  the  second  of  March,  1 780. 

PREAMBLE. 

The  end  of  the  institution,  maintenance,  and  administration  of  go- 
vernment, is  to  secure  the  existence  of  the  body  politic,  to  protect  it, 
and  to  furnish  the  individuals  who  compose  it  with  the  power  of  enjoy- 
ing, in  safety  and  tranquilUty,  their  natural  rights  and  the  blessings  of 
life :  and  whenever  these  great  objects  are  not  obtained,  the  people  have 
a  right  to  alter  the  government,  and  to  take  measures  necessary  for  their 
safety,  prosperity,  and  happiness. 

The  body  politic  is  formed  by  a  voluntary  association  of  individuals. 
It  is  a  social  compact,  by  which  the  whole  people  covenants  with  each 
citizen,  and  each  citizen  with  the  whole  people,  that  all  shall  be  governed 
Dy  certain  laws  for  the  common  good.  It  is  the  duty  of  the  people,  there- 
fore, in  framing  a  constitution  of  government,  to  provide  for  an  equitable 
mode  of  making  law^s,  as  well  as  for  an  impartial  interpretation  and  a 
faithful  execution  of  them ;  that  every  man  may,  at  all  times,  find  hisi 
security  m  them. 


MASSACHUSETTS.  39 

Wc,  therefore,  the  people  of  Massachusetts,  acknowledging-,  with  grate- 
ful lioarts,  the  goodness  of  the  Great  Legislator  of  the  Uuiverse,  in  af- 
fording us,  in  the  course  of  his  Providence,  an  opportunity,  deliberately 
and  peaceably,  without  fraud,  violence,  or  surprise,  of  entering  into  an 
original,  explicit,  and  solemn  compact  with  each  other ;  and  of  forming 
a  new  constitution  of  civil  government,  for  ourselves  and  posterity  ;  and 
devoutly  imploring  his  direction  in  so  interesting  a  design,  do  agree  upon, 
ordain,  and  establish,  the  following  declaration  of  rights  and  frame  of 
government,  as  the  constitution  of  the  commonwealth  qf  Massachusetts 


PART  I. 


A  Declaration  of  Rights  of  the  Inhabitants  of  the  Common-wealth  of 
jyiassachusetts. 

Article  1.  All  men  are  bom  free  and  equal,  and  have  certain  natural, 
essential,  and  unalienable  rights :  among  which  may  be  reckoned  the 
right  of  enjoying  and  defending  their  lives  and  liberties ;  that  of  ac- 
quiring, possessing,  and  protecting  property  ;  in  line,  that  of  seeking  and 
obtaining  their  safety  and  happiness. 

2.  It  is  the  right,  as  well  as  the  duty,  of  all  men  in  society,  publicly, 
and  at  stated  seasons,  to  worship  the  Supreme  Being,  the  Great  Creator 
and  Preserver  of  the  Universe.  And  no  subject  shall  be  hurt,  molested, 
or  restrained  in  his  person,  liberty,  or  estate,  for  worshipping  God  in  the 
manner  and  seasons  most  agreeable  to  the  dictates  of  his  own  con- 
science ;  or  for  his  religious  profession  or  sentiments  ;  provided  he  doth 
not  disturb  the  public  peace,  or  obstruct  others  in  their  reUgious  worship. 

3.  As  the  happiness  of  a  people,  and  the  good  order  and  preservation 
of  civil  government,  essentially  depend  upon  piety,  religion,  and  mo- 
rality ;  and  as  these  cannot  be  generally  diffused  throughout  the  com- 
munity, but  by  the  institution  of  a  public  worship  of  God,  and  of  public 
institutions  in  piety,  religion,  and  morality  ;  therefore,  to  promote  their 
happiness,  and  to  secure  tJie  good  order  and  preservation  of  their  govern- 
ment, the  people  of  this  commonwealth  have  a  right  to  invest  their  legis- 
lature with  power  to  authorize  and  require,  and  the  legislature  shall, 
from  time  to  time,  authorize  and  require,  the  several  towns,  parishes, 
precincts,  and  other  bodies  politic,  or  religious  societies,  to  make  suitable 
provision,  at  their  own  expense,  for  the  institution  of  the  public  worship 
of  God,  and  for  the  support  and  maintenance  of  public  protestant  teach- 
ers of  piety,  religion,  and  morality  in  all  cases,  where  such  provision 
shall  not  be  made  voluntarily. 

All  the  people  of  the  commonwealth  have  also  a  right  to,  and  do,  in- 

est  their  legislature  with  authority  to  enjoin  upon  all  the  subjects  an 

ttendance  upon  the  instructions  of  the  public  teachers,  as  aforesaid,  at 

stated  times  and  seasons,  if  there  be  any  one  whose  instructions  they  can 

conscientiously  and  conveniently  attend : — 

Provided,  notwithstanding,  that  the  several  towns,  parishes,  precincts, 
and  other  bodies  politic,  or  religious  societies,  shall,  at  all  times,  have  the 
exclusive  right  of  electing  their  public  teachers,  and  of  contracting  with 
them  for  their  support  and  maintenance. 

All  moneys  paid- by  the  subject  to  the  support  of  public  worship,  and 


40  CONSTITUTION    OF 

of  the  public  teachers  aforesaid,  shall,  if  he  require  it,  Be  uniformly 
applied  to  the  support  of  the  public  teacher  or  teachers  of  his  own  re- 
ligious sect  or  denomination,  provided  there  be  any,  on  whose  instruction 
he  attends  ;  otherwise  it  may  be  paid  towards  the  support  of  the  teacher 
or  teachers  of  the  parish  or  precinct  in  which  the  said  moneys  are 
raised. 

And  ever}'  denomination  of  Christians,  demeaning  themselves  peace- 
ably, and  as  good  subjects  of  the  commouAvealth,  shall  be  equally  under 
the  protection  of  the  law  ;  and  no  subordination  of  any  sect  or  denomi- 
nation to  another  shall  ever  be  established  by  law. 

4.  The  people  of  this  commonwealth  have  the  sole  and  exclusive 
right  of  governing  themselves,  as  a  free,  sovereign,  and  independent 
state  :  and  do,  and  for  ever  hereafter  shall,  exercise  and  enjoy  every  power, 
jurisdiction,  and  right,  which  is  not,  or  may  not  hereafter  be  by  them 
expressly  delegated  to  the  United  States  of  America,  in  congress 
assembled. 

5.  All  power  residing  originally  in  the  people,  and  being  derived  from 
them,  the  several  magistrates  and  officers  of  government  vested  with  au 
thority,  whether  legislative,  executive,  or  judicial,  arc  their  substitutes 
and  agents,  and  are  at  all  times  accountable  to  them. 

6.  No  man,  or  corporation,  or  association  of  men,  have  any  other  title 
to  obtain  advantages,  or  particular  and  exclusive  privileges,  distinct  from 
those  of  the  community,  than  what  arises  from  the  consideration  of  ser- 
vices rendered  to  the  public.  And  this  title  being,  in  nature,  neither 
hereditary  nor  transmissible  to  children  or  descendants,  or  relations  of 
blood,  the  idea  of  a  man  bom  a  magistrate,  lawgiver,  or  judge,  is  absurd 
and  unnatural. 

7.  Government  is  instituted  for  the  common  good  :  for  the  protection 
safety,  prosperity  and  happiness  of  the  people :  and  not  for  the  profit 
honour,  or  private  interest  of  any  one  man,  family,  or  any  one  class  of 
men.  Therefore,  the  people  alone  have  an  incontestable,  unalienable 
and  indefeasible  right  to  institute  government,  and  to  refonn,  alter,  or 
totally  change  the  same,  when  their  protection,  safety,  prosperity,  and 
happiness  require  it. 

8.  In  order  to  prevent  those  who  are  vested  with  authority  from  be- 
coming oppressors,  the  people  have  a  right,  at  such  periods  and  in  such 
majiner  as  they  shall  establish  by  the  frame  of  government,  to  cause 
their  public  officers  to  return  to  private  life,  and  to  fill  up  vacant  places 
by  certain  and  regular  elections  and  appointments. 

9.  All  elections  ought  to  be  free :  and  all  the  inhabitants  of  this  com- 
monwealth, having  such  qualifications  as  they  shall  establish  by  their 
frame  of  government,  have  an  equal  right  to  elect  officers,  and  to  be 
elected  for  public  employments. 

10.  Each  individual  of  the  society  has  a  right  to  be  protected  by  it,  in 
the  enjoyment  of  his  life,  liberty,  and  property,  according  to  the  standing 
laws.  He  is  obliged,  consequently,  to  contribute  his  share  to  the  ex- 
pense of  this  protection  ;  to  give  his  personal  sendee,  or  an  equivalent, 
when  necessary.  But  no  part  of  the  property  of  any  individual  can, 
with  justice,  be  taken  from  him,  or  applied  to  the  pubhc  use,  without  his 
own  consent,  or  that  of  the  representative  body  of  the  people.  In  fine, 
the  people  of  this  commonwealth  are  not  controllable  by  any  other  laws 
than  those  to  which  their  constitutional  representative  body  have  given 


MASSACHUSETTS.  41 

their  consent.  And  whenever  the  public  exigencies  require  that  the 
property  of  any  individual  should  be  appropriated  to  public  uses,  he  shall 
receive  a  reasonable  compensation  therefor. 

11.  Every  subject  of  the  commonwealth  ought  to  find  a  certain 
remedy,  by  having  recourse  to  the  laws,  for  all  injuriesor  wrongs  which 
he  may  receive,  in  his  person,  property,  or  character.  He  ought  to  ob- 
tain right  and  justice  freely,  and  without  being  obliged  to  purchase  it — 
completely,  and  without  any  denial — promptly,  and  without  delay — 
conformably  to  the  laws. 

1 2.  No  person  shall  be  held  to  answer  for  any  crime  or  offence,  until 
the  same  is  fully  and  plainly,  substantially  and  formally,  described  to 
him  ;  or  be  compelled  to  accuse  or  furnish  evidence  against  himself.  And 
every  person  shall  have  a  right  to  produce  all  proofs  that  may  be  favour- 
able to  him  ;  to  meet  the  witnesses  against  him,  face  to  face,  and  be 
fully  heard  in  his  defence,  by  himself,  or  his  counsel,  at  his  election. 
And  no  jjcrson  shall  be  arrested,  imprisoned,  or  despoiled  or  deprived  of 
his  property,  immunities,  or  privileges,  put  out  of  the  protection  of  the* 
law,  exiled,  or  deprived  of  his  life,  liberty,  or  estate,  but  by  the  judgment 
of  his  peers,  or  the  law  of  the  land. 

And  the  legislature  shall  not  make  any  law  that  shall  subject  any  per- 
son to  a  capital  or  infamous  punishment  (excepting  for  the  government 
of  the  army  and  na\y)  without  trial  by  jury. 

13.  In  criminal  prosecutions  the  verification  of  facts,  in  the  vicinity 
where  they  happen,  is  one  of  the  greatest  securities  of  the  life,  liberty, 
and  property  of  the  citizen. 

14.  Every  person  has  a  right  to  be  secure  from  all  unreasonable 
searcb^'s  and  seizures  of  his  person,  his  house,  his  papers,  and  all  his 
possessions-  All  warrants,  therefore,  are  contrary  to  this  right,  if  the 
cause  or  I'irtindation  of  them  be  not  previously  supported  by  oath  or 
affirmation ;  and  if  the  order,  in  a  warrant  to  a  civil  officer,  to  make 
search  in  alt  suspected  places,  or  to  arrest  one  or  more  suspected  per- 
sons, or  to  Seize  their  property,  be  not  accompanied  with  a  special  de- 
signation of  the  persons,  or  objects  of  search,  arrest,  or  seizure.  And  no 
warrant  ongljt  to  be  issued  but  in  such  cases,  and  with  the  formalities 
prescribed  by  the  laws. 

15.  In  all  controversies  concerning  property,  and  in  all  suits  between 
two  or  more  persons,  (except  in  cases  in  which  it  has  heretofore  been 
otherwise  used  and  practised,)  the  parties  have  a  right  to  a  trial  by  jury  ; 
and  tliis  method  of  procedure  shall  be  held  sacred, — unless,  in  cases 
arising  on  the  high  seas,  and  such  as  relate  to  mariner's  wages,  the 
legislature  shall  hereafter  find  it  necessary  to  alter  it. 

16.  The  liberty  of  the  press  is  essential  to  security  of  freedom  in 
a  state  ;  it  ought  not,  therefore,  to  be  restrained  in  this  commonwealth. 

17.  The  people  have  a  right  to  keep  and  to  bear  arms  for  the  com- 
mon defence.  And  as,  in  time  of  peace,  armies  are  dangerous  to  liberty, 
they  ought  not  to  be  maintained,  without  the  consent  of  the  legislature  : 
and  the  military  power  shall  always  be  held  in  exact  subordination  to 
the  civil  authority,  and  be  governed  by  it. 

18.  A  frequent  recurrence  to  the  fundamental  principles  of  the  consti 
tution,  and  a  constant  adherence  to  those  of  piety,  justice,  moderation, 
temperance,  industry,  and  frugality,  are  absolutely  necessary  to  pre- 
serve the  advantages  of  liberty,  and  to  maintain  a  free  government.  The 

1)  2 


42  CONSTITUTION   OF 

people  ought,  consequently,  to  have  a  particular  attention  to  9JI  those 
principles,  in  the  choice  of  their  officers  and  representatives,  and  they 
have  a  right  to  require  of  their  lawgivers,  and  magistrates,  an  exact  and 
constant  observance  of  t!iem,  in  the  formation  and  execution  of  all  laws 
necessary  for  the  good  administration  of  the  commonwealth. 

19.  The  people  have  a  right,  in  an  orderly  and  peaceable  manner,  to 
assemble  to  consult  upon  the  common  good ;  give  instruccion  to  their 
representatives ;  and  to  request  of  the  legislative  bod}^,  by  the  way  oi 
addresses,  petitions,  or  remonstrances,  redress  of  the  wrongs  done  them 
and  of  the  grievances  they  suffer. 

20.  The  power  of  suspending  the  laws,  or  the  execution  of  the  laws, 
ought  never  to  be  exercised  but  by  the  legislature  ;  or  by  authority  de 
rived  from  it,  to  be  exercised  in  such  particular  cases  only  as  the  legis 
latiire  shall  expressly  provide  for. 

21.  The  freedom  of  deliberation,  speech,  and  debate,  in  either  house 
of  the  legislature,  is  so  essential  to  the  rights  of  the  people,  that  it  cannot 

1)e  the  foundation  of  any  accusation  or  prosecution,  action  or  complauit, 
in  any  other  court  or  place  whatsoever. 

22.  The  legislature  ought  frequently  to  assemble,  for  the  redress  of 
grievances,  for  correcting,  strengthening,  and  confirming  the  laws,  and 
for  making  new  laws,  as  the  common  good  may  require. 

23.  No  subsidy,  charge,  tax,  impost,  or  duties,  ought  to  be  established, 
fixed,  laid,  or  levied,  under  any  pretext  whatever,  Vv'ithout  the  consent 
of  the  people,  or  their  representatives  in  the  legislature. 

24.  Laws  made  to  punish  for  actions  done  before  the  existence  of 
such  laws,  and  which  have  not  been  declared  crimes  by  preceding  laws, 
are  unjust,  oppressive,  and  inconsistent  with  the  fundamental  principles 
of  a  free  government. 

25.  No  person  ought,  in  any  case,  or  in  any  time,  to  b§  declared 
guilty  of  treason  or  felony  by  the  legislature. 

26.  No  magistrate,  or  court  of  law,  shall  demand  excessive  bail  or 
sureties,  impose  excessive  fines,  or  inflict  cruel  or  unusual  punish- 
ments. 

27.  In  time  of  peace,  no  soldier  ought  to  be  quartered  in  any  house, 
without  the  consent  of  the  owner ;  and  in  time  of  war,  such  quarters 
ought  not  to  be  made,  but  by  the  civil  magistrates,  in  manner  ordained 
by  the  legislature. 

28.  No  person  can,  in  any  case,  be  subjected  to  law  martial,  or  to  any 
penalties  or  pains  by  virtue  of  that  law,  (except  those  employed  in  the 
army  or  navy,  and  except  the  militia  in  actual  service,)  but  by  the 
authority  of  the  legislature. 

29.  It  is  essential  to  the  preservation  of  the  rights  of  every  individual, 
his  life,  liberty,  property,  and  character,  that  there  be  an  impartial  inter- 
pretation of  the  laws,  and  administration  of  justice.  It  is  the  right  of 
every  citizen  to  be  tried  by  judges  as  free,  impartial,  and  independent, 
as  the  lot  of  humanity  will  admit.  It  is,  therefore,  not  only  the  best 
policy,  but  for  the  security  of  the  rights  of  the  people,  and  of  every  citi- 
zen, that  the  judges  of  the  supreme  judicial  court  should  hold  their  offices 
as  long  as  they  behave  themselves  well ;  and  that  they  should  have  ho- 
nourable salaries,  ascertained  and  established  by  standing  laws. 

30.  In  the  government  of  this  commonwealth,  the  legislative  depart- 
ment shall  never  exercise  the  executive  and  judicial  powers,  or  either  of 


MASSACHUSETTS.  43 

them :  the  executive  shall  never  exercise  the  legislative  and  judicial 
powers,  or  either  of  them  :  the  judicial  shall  never  exercise  the  legisla- 
tive and  executive  powers,  or  either  of  them :  to  the  end  that  it  may  be 
a  government  of  laws,  and  not  of  men. 

PART  n. 

Frame  of  Government. 

The  people  inhabiting  the  territory  formerly  called  the  province  of 
Massachusetts  Bay,  do  hereby  solemnly  and  mutually  agree  with  each 
other  to  form  themselves  into  a  free,  sovereign,  and  independent  body 
politic,  or  state,  by  the  name  of — The  Common-wealth  of  Massadm- 
setts* 

CHAPTER  I.— SECTION  1. 

THE    I.EGISLATIVE    POWEK.  • 

The  General  Court. 

Article  1.  The  department  of  legislation  shall  be  formed  by  two 
branches,  a  senate  and  house  of  representatives  :  each  of  which  shall 
have  a  negative  on  the  other. 

The  legislative  body  shall  assemble  every  year,  on  the  last  Wednes- 
day of  May,  and  at  such  other  times  as  they  shall  judge  necessary  ;  and 
shall  dissolve  and  be  dissolved  on  the  day  next  preceding  the  last  Wed- 
nesday in  May  ;  and  shall  be  styled.  The  General  Court  of  JMassachu- 
setts. 

2.  No  bill  or  resolve  of  the  senate  or  house  of  representatives  shall 
become  a  law,  and  have  force  as  such,  until  it  shall  have  been  laid  before 
the  governor  for  his  revisal :  and  if  he,  upon  such  revision,  approve 
thereof,  he  shall  signify  his  approbation  by  signing  the  same.  But,  if  he 
have  any  objection  to  the  passing  of  such  bill  or  resolve,  he  shall  return 
the  same,  together  with  his  objections  thereto,  in  writing,  to  the  senate 
or  house  of  representatives,  in  whichsoever  the  same  shall  have  origi- 
nated ;  who  shall  enter  the  objections  sent  down  by  the  governor,  at 
large,  on  their  records,  and  proceed  to  reconsider  the  said  bill  or  resolve  ; 
but  if,  after  such  reconsideration,  two-thirds  of  the  said  senate  or  house 
of  representatives  shall,  notwithstanding  the  said  objections,  agree  to 
pass  the  same,  it  shall,  together  with  the  objections,  be  sent  to  the  other 
branch  of  the  legislature,  where  it  shall  also  be  "-^considered,  and  if  ap- 
proved by  two-thirds  of  the  members  preseVit,  it  \11  have  the  force  of  a 
law ;  but  in  all  such  cases  the  votes  of  both  houses  sliaJl  be  determined 
by  yeas  and  nays :  and  the  names  of  the  persons  voting  for  or  against 
the  said  bill  or  resolve,  shall  be  entered  upon  the  public  records  of  the 
commonwealth. 

And,  in  order  to  prevent  unnecessary  delays,  if  any  bill  or  resolve 
shall  not  be  returned  by  the  governor  witliin  five  days  after  it  shall  have 
been  presented,  the  same  shall  have  the  force  of  a  law. 

3.  The  general  court  shall  for  ever  have  full  power  and  authority  to 
erect  and  constitute  judicatories,  and  courts  of  record,  or  other  courts,  to 
be  held  in  the  name  of  the  commonwealth,  for  the  hearing,  trying,  and 
determining  of  all  manner  of  crimes,  oflences,  pleas,  processes,  plaints, 
actions,  matters,  causes  and  things  whatsoever,  arising  or  happening 


44  CONSTITUTION   OF 

within  the  commonwealth,  or  between  or  concerning  persons  inhabiting, 
or  residing,  or  brought  within  the  same  ;  whether  the  same  be  criminal 
or  civil ;  or  whether  the  said  crimes  be  capital  or  not  capital,  or  whether 
the  said  pleas  be  real,  personal,  or  mixed  ;  and  for  the  awarding  and 
making  out  of  execution  thereupon  ;  to  which  courts  and  judicatories 
are  hereby  given  and  granted  full  power  and  authority,  from  time  to 
time,  to  admmister  oaths  or  affirmations,  for  the  better  discovery  of  truth 
in  any  matter  in  controversy  or  depending  before  them. 

4.  And  further,  full  power  and  authority  are  hereby  given  and  granted 
to  the  said  general  court,  from  time  to  time,  to  make,  ordain,  and  estab- 
lish all  manner  of  wholesome  and  reasonable  orders,  laws,  statutes,  and 
ordinances,  directions,  and  instructions,  either  with  penalties  or  without, 
(so  as  the  same  be  not  repugnant  or  contrary  to  this  constitution,)  as 
tiiey  shall  judge  to  be  for  the  good  and  welfare  of  this  commonwealth, 
and  for  the  government  and  ordering  thereof,  and  of  the  citizens  of  the 
same,  and  for  the  necessary  support  and  defence  of  the  government 
thereof;  and  to  name  and  settle  annually,  or  provide  by  fixed  laws  for 
the  naming  and  settling  all  civil  officers,  within  the  said  commonwealth, 
the  election  and  constitution  of  whom  arc  not  hereafter,  in  this  form  of 
government,  otherwise  provided  for  :  and  to  set  forth  the  several  duties, 
powers,  and  limits  of  the  several  civil  and  military  officers  of  this  com- 
monwealth, and  the  forms  of  such  oaths  or  affirmations  shall  be  resf)ec- 
tively  administered  unto  them  for  the  execution  of  their  several  offices 
and  places,  so  as  the  same  be  not  repugnant  or  contrary  to  this  consti- 
tution ;  and  to  impose  and  levy  proportionable  and  reasonable  assess- 
ments, rates,  and  taxes  upon  all  the  inhabitants  of,  and  persons  resident, 
and  estates  lying  within  the  said  commonwealth  ;  and  also  to  impose 
and  levy  reasonable  duties  and  excises  upon  any  produce,  goods,  wares, 
merchandises,  and  commodities  whatsoever,  brought  into,  produced, 
manufactured,  or  being  within  the  same ;  to  be  issued  and  disposed  of 
by  warrant  under  the  hand  of  the  governor  of  this  commonwealth  for 
the  time  being,  with  the  advice  and  consent  of  the  council,  for  the  public 
service,  in  the  necessary  defence  and  support  of  the  government  of  the 
said  commonwealth,  and  the  protection  and  preservation  of  the  citizens 
thereof,  according  to  such  acts  as  are  or  shall  be  in  force  within  the 
same. 

And  while  the  public  charges  of  government,  or  any  part  thereof 
shall  be  assessed  on  polls  and  estates  in  the  manner  that  has  hitherto 
been  practised  ;  in  order  that  such  assessments  may  be  made  with  equa- 
lity, there  shall  be  a  valuation  of  estates  within  the  commonwealth 
taken  anew  once  in  every  ten  years,  at  the  least,  and  as  much  oftcnei 
83  the  general  court  shall  order. 

CHAPTER  I.— sECTiox  2. 

Senate. 

Article  1.  There  shall  be  annually  elected  by  the  freeholders  and 
other  inhabitants  of  this  commonwealth,  qualified  as  in  this  constitution 
is  provided,  forty  persons  to  be  counsellors  and  senators  for  the  year  en- 
suing their  election  ;  to  be  chosen  by  the  inhabitants  of  the  districts  into 
which  the  commonwealth  may  from  time  to  time  be  divided  by  the 
general  court  for  that  purpose.     And  the  general  court,  in  assigning  the 


MASSACHUSETTS.  45 

numbers  to  be  elected  by  the  representative  districts,  shall  govern  them- 
selves by  the  proportion  of  the  public  taxes  paid  by  the  said  districts  ;  and 
timely  make  known  to  the  inhabitants  of  the  commonwealth,  the  limits 
of  each  district,  and  the  numbers  of  counsellors  and  senators  to  be  chosen 
therein  :  provided  that  the  number  of  such  districts  shall  be  never  less 
than  thirteen  ;  and  that  no  district  be  so  large  as  to  entitle  the  same  to 
choose  more  than  six  senators. 

And  the  several  counties  in  this  commonwealth  shall,  until  the  gene- 
ral court  shall  determine  it  necessary  to  alter  the  said  districts,  be  dis- 
tricts for  choice  of  counsellors  and  senators,  (except  that  the  counties  of 
Dukes  county  and  Nantucket  shall  form  one  district  for  t^iat  purpose,) 
and  shall  elect  the  following  number  for  counsellors  and  senators,  viz: 


Suffolk six 

Essex six 

Middlesex five 

Hampshire four 

Plymouth three 

Barnstable one 

Bristol three 


York two 

Dukes  county  and  1 

Nantucket  ^  -  "  one 

Worcester five 

Cumberland one 

Lincoln one 

Berkshire two 


2.  The  senate  shall  be  the  first  branch  of  the  legislature  :  and  the 
senators  shall  be  chosen  in  the  following  manner,  viz  :  There  shall  be  a 
meeting  on  the  first  Monday  in  April,  annually  for  ever,  of  the  inhabi- 
tants of  each  town  in  the  several  counties  of  this  commonwealth;  to  be 
called  by  the  selectmen,  and  warned  in  due  course  of  law,  at  least  seven 
days  before  the  first  Monday  in  April,  for  the  purpose  of  electing  persons 
to  be  senators  and  counsellors.  And  at  such  meetings  every  male  in- 
habitant, of  twenty-one  years  of  age  and  upwards,  having  a  freehold 
estate  within  the  commonwealth  of  the  annual  income  of  three  pounds, 
or  any  estate  of  the  value  of  sixty  pounds,  shall  have  a  right  to  give 
in  his  vote  for  the  senators  for  the  district  of  which  he  is  an  inhabi- 
tant. And  to  remove  all  doubts  concerning  the  word  "  inhabitant" 
in  this  constitution,  every  person  shall  be  considered  as  an  inhabitant 
(for  the  purpose  of  electing  and  being  elected  into  any  office  or  place 
within  this  state)  in  that  town,  district,  or  plantation,  where  he  dwelleth 
or  hath  his  home. 

The  selectmen  of  the  several  towns  shall  preside  at  such  meetings  im- 
partially ;  and  shall  receive  the  votes  of  all  the  inhabitants  of  such  towns, 
present  and  qualified  to  vote  for  senators  ;  and  shall  sort  and  count  them 
in  open  town  meeting,  and  in  presence  of  the  town  clerk,  who  shall 
make  a  fair  record,  in  presence  of  the  selectmen,  and  in  open  town  meet- 
ing, of  the  name  of  every  person  voted  for,  and  of  the  number  of  votes 
against  his  name  ;  and  a  fair  copy  of  this  record  shall  be  attested  by  the 
selectmen  and  the  town  clerk,  and  shall  be  sealed  up,  directed  to  the 
secretary  of  the  commonwealth  for  the  time  being,  with  a  superscription, 
expressing  the  purports  of  the  contents  thereof,  and  delivered  by  the 
town  clerk  of  such  town  to  the  sheriff  of  the  county  in  which  such  town 
lies,  thirty  days  at  least  before  the  last  Wednesday  in  May,  annually  ; 
or  it  shall  be  delivered  into  the  secretary's  office  seventeen  days  at  least 
before  the  said  last  Wednesday  in  May  ;  and  the  sheriff  of  each  county 
shall  deliver  all  such  certificates  by  him  received  into  the  secretar}''s 
office,  seventeen  days  before  the  said  last  Wednesday  in  May. 

And  the  inhabitants  of  plantations  unincorporated,  (qualified  as  this 


46  CONSTITUTION  OF 

constitution  provides,)  who  are  or  shall  be  empowered  and  required  to 
assess  taxes  upon  themselves,  toward  the  support  of  government,  shall 
have  the  same  privilege  of  voting  for  counsellors  and  senators  in  ihe 
plantations  where  they  reside,  as  town  inhabitants  have  in  their  respec- 
tive towns  ;  and  the  plantation  meetings  for  that  purpose  shall  be  held 
annually  on  the  same  first  Monday  in  April,  at  such  place  in  the  planta- 
tions respectively  as  the  assessoi-s  thereof  shall  direct ;  which  assessors 
shall  have  like  authority  for  notifying  the  electors,  collecting  and  return- 
ing the  votes,  as  the  selectmen  and  town  clerks  have  in  their  several 
towns,  by  this  constitution  ;  and  all  other  persons,  living  in  places  unin- 
corporated, (quahfied  as  aforesaid,)  who  shall  be  assessed  to  the  support 
of  government  by  the  assessors  of  an  adjacent  town,  shall  have  the  privi- 
lege of  giving  in  their  votes  for  counsellors  and  senators  in  the  town 
where  they  shall  be  assessed,  and  be  notified  of  the  place  of  meeting,  by 
the  selectmen  of  the  town  where  they  shall  be  assessed,  for  that  pur 
pose,  accordingly. 

3.  And  that  there  may  be  a  due  convention  of  senators  on  the  last 
Wednesday  in  May  annually,  the  governor  and  five  of  the  council,  for 
the  time  being,  shall,  as  soon  as  may  be,  examine  the  returned  copies  of 
such  records  ;  and,  fourteen  days  before  the  said  day,  he  shall  issue  his 
summons  to  such  persons  as  shall  appear  to  be  chosen  by  the  majority 
of  votes,  to  attend  on  that  day  and  take  their  seats  accordingly  :  provided, 
nevertheless,  that,  for  the  first  year,  the  said  returned  co])ies  shall  be  ex- 
amined by  the  president  and  five  of  the  council  of  the  former  constitution 
of  government :  and  the  said  president  shall,  in  like  manner,  issue  his 
summons  to  the  persons  so  elected,  that  they  may  take  their  seats  as 
aforesaid. 

4.  The  senate  shall  be  the  final  judge  of  the  elections,  returns,  and 
qualifications  of  their  own  members,  as  pointed  out  in  the  constitution ; 
and  shall,  on  the  said  last  Wednesday  in  May,  annually,  determine  and 
declare  who  are  elected  by  each  district,  to  be  senators,  by  a  majority  of 
votes  :  and  in  case  there  shall  not  appear  to  be  the  full  number  of  sena- 
tors returned,  elected  by  a  majority  of  votes  for  any  district,  the  deficiency 
shall  be  supplied  in  the  following  manner,  viz  ;  The  members  of  the 
house  of  representatives,  and  such  senators  as  shall  be  declared  elected, 
shall  take  the  names  ,of  such  persons  as  shall  be  found  to  have  the  high- 
est number  of  votes  in  such  district,  and  not  elected,  amounting  to  twice 
the  number  of  senators  wanting,  if  there  be  so  many  voted  for ;  and  out 
of  these  shall  elect,  by  ballot,  a  number  of  senators  sufficient  to  fill  up  the 
vacancies  in  such  district ;  and  in  this  manner  all  such  vacancies  shall  be 
filled  in  every  district  of  the  commonwealth :  and,  in  like  manner,  all 
vacancies  in  the  senate,  arising  by  death,  removal  out  of  the  state,  or 
otherwise,  shall  be  supplied  as  soon  as  may  be  after  such  vacancies  shall 
happen : — 

5.  Provided,  nevertheless,  that  no  person  shall  be  capable  of  being 
elected  a  senator,  who  is  not  seized  in  his  own  right  of  a  freehold  with- 
in this  commonwealth  of  the  value  of  three  himdred  pounds  at  least,  or 
possessed  of  personal  estate  to  the  value  of  six  hundred  pounds  at  least, 
or  of  both  to  the  amount  of  the  same  sum  ;  and  who  has  not  been  an  in- 
habitant of  this  commonwealth  for  the  space  of  five  years  immediately 
preceding  his  election ;  and  at  the  time  of  his  election  he  shall  be  an  in- 
habitant in  the  district  for  which  he  shall  be  chosen. 


MASSACHUSETTS.  47 

6.  The  senate  shall  have  power  to  adjourn  themselves,  provided  such 
adjournments  do  not  exceed  two  days  at  a  thne. 

7.  The  senate  shall  choose  its  own  president,  appoint  its  own  officers, 
and  dclerniine  its  own  rules  of  proceedings. 

8.  Tlie  senate  shall  be  a  court  with  full  authority  to  hear  and  deter- 
mine all  impeachments  made  by  the  house  of  representatives,  against  any 
officer  or  officers  of  the  commonwealth,  for  misconduct,  and  maladminis- 
tration in  their  offices.  But,  previous  to  the  trial  of  every  impeach- 
ment, tlie  members  of  the  senate  shall  respectively  be  sworn,  truly  and 
impartially  to  try  and  determine  the  charge  in  question,  according  to  evi- 
dence. Their  judgment,  however,  shall  not  extend  further  than  to  re- 
moval from  office,  and  disqualification  to  hold  or  enjoy  any  place  of  hon- 
our, trust,  or  profit,  under  this  commonwealth  :  but  the  party  so  convict- 
ed shall  be,  nevertheless,  liable  to  impeachment,  trial,  judgment,  and 
punishment,  according  to  the  laws  of  the  land. 

9.  Not  less  than  sixteen  members  of  the  senate  shall  constitute  a 
quorum  for  doing  business. 

CHAPTER  I.— SECTION  3. 

House  of  Represe7itatives. 

Article  1.  There  shall  be,  in  the  legislature  of  this  commmon wealth, 
a  representation  of  the  people,  annually  elected,  and  founded  upon  the 
principle  of  equaUty. 

2.  And  in  order  to  provide  for  a  representation  of  the  citizens  of  this 
commonwealth,  founded  on  the  principles  of  equality,  every  corporate 
town  containing  one  hundred  and  fifty  ratable  polls  may  elect  one  re- 
presentative; every  corporate  town  containing  three  hundred  and  seventy- 
five  ratable  polls  may  elect  two  representatives :  every  corporate  town 
containing  six  hundred  ratable  polls,  may  elect  three  representatives 
and  proceeding  in  that  manner,  making  two  hundred  and  twenty-five 
ratable  polls  the  mean  increasing  number  for  every  additional  represen- 
tative : 

Provided,  nevertheless,  that  each  town  now  incorporated,  not  having 
one  hundred  and  fifty  ratable  polls,  may  elect  one  representative.  But 
no  place  shall  hereafter  be  incorporated  with  the  privilege  of  electing  a 
representative,  unless  there  are,  within  the  same,  one  hundred  and  fifty 
ratable  polls. 

And  the  house  of  representatives  shall  have  power,  from  time  to  time, 
to  impose  fines  upon  such  towns  as  shall  neglect  to  choose  and  return 
members  to  the  same,  agreeably  to  this  constitution. 

The  expenses  of  travelling  to  the  general  assembly,  and  returnuig 
home,  once  in  every  session,  and  no  more,  shall  be  paid  by  the  govern- 
ment, out  of  the  public  treasury,  to  every  member  who  shall  attend  as 
seasonably  as  he  can,  in  the  judgment  of  the  house,  and  does  not  depart 
without  leave. 

3.  Every  member  of  the  house  of  representatives  shall  be  chosen  by 
written  votes  ;  and  for  one  year  at  least  next  preceding  his  election  shall 
have  been  an  inhabitant  of,  and  have  been  seized  in  his  own  right  of  a 
freehold  of  the  value  of  one  hundred  pounds  within  the  town  he  sliaiy^fi^ 
chosen  to  represent,  or  any  ratable  estate,  to  the  value  of  two  hundred 
pounds ;  and  he  shall  cease  to  represent  the  said  town  immediately  on  his 
CJasing  to  be  qualified  as  aforesaid. 


48  CONSTITUTION  OF 

4.  Every  male  person  (being  twenty-one  years  of  age,  and  resident  of. 
any  particular  town  in  this  commonwealth,  for  the  space  of  one  year 
next  preceding)  ha\ing  a  freehold  estate  within  the  same  town,  of  the 
annual  income  of  three  pounds,  or  any  estate  of  the  value  of  sixty 
pounds,  shall  have  a  right  to  vole  in  the  choice  of  a  representative,  or 
representatives,  for  the  said  town. 

5.  The  members  of  the  house  of  representatives  shall  be  chosen  annu- 
ally, in  the  month  of  May,  ten  days,  at  least,  before  the  last  Wednesday 
of  that  month. 

6.  The  house  of  representatives  shall  be  the  grand  inquest  of  this  com- 
monwealth ;  and  all  impeachments,  made  by  them,  shall  be  heard  and 
tried  by  the  senate. 

7.  All  money  bills  shall  originate  in  the  house  of  rcp^esentativ1^s  :  but 
the  senate  may  propose  or  concur  with  amendments  as  on  other  bills. 

8.  The  house  of  representatives  shall  have  power  to  adjourn  them- 
selves ;  provided  such  adjournment  shall  not  exceed  two  days  at  a 
time. 

9.  Not  less  than  sixty  members  of  the  house  of  representatives  shall 
constitute  a  quorum  for  doing  business. 

10.  The  house  of  representatives  shall  be  the  judge  of  the  returns, 
elections,  and  qualifications  of  its  own  meml)ers,  as  pointed  out  in  the 
constitution  ;  shall  choose  their  own  speaker  ;  appoint  their  own  officers, 
and  settle  their  rules  and  orders  of  proceeding  in  their  own  house.  They 
shall  have  authority  to  punish,  by  imprisonment,  every  person  (not  a 
member)  who  shall  be  guilty  of  disrespect  to  the  house,  by  any  disor- 
derly or  contemptuous  behaviour  in  its  presence  ;  or  who,  in  the  town 
where  the  general  court  is  sitting,  and  during  the  time  of  its  sittmg,  shall 
threaten  harm  to  the  body  or  estate  of  any  of  its  members,  for  any  thing 
said  or  done  in  the  house  ;  or  who  shall  assault  any  of  them  therefor  ;  or 
who  shall  assault  or  arrest  any  witness  or  other  person,  ordered  to  at- 
tend the -house  in  his  way  in  going  or  returning  ;  or  who  shall  rescue 
any  person  arrested  by  the  order  of  the  house. 

And  no  member  of  the  house  of  representatives  shall  be  arrested  or 
held  to  bail  on  mesne  process,  during  his  going  into,  returnmg  from,  or 
his  attending  the  general  assembly. 

11.  The  senate  have  the  same  powers  in  the  like  cases  ;  and  the  go- 
vernor and  council  shall  have  the  same  authority  to  punish  in  like 
cases  :  provided,  that  no  imprisonment,  on  the  warrant  or  order  of  the 
governor,  council,  senate,  or  house  of  representatives,  for  either  of  the 
above  described  offences,  be  for  a  term  exceeding  thirty  days. 

And  the  senate  and  house  of  representatives  may  try  and  determine 
all  cases  where  their  rights  and  privileges  are  concerned,  and  which,  by 
the  constitution,  they  have  authority  to  try  and  determine,  by  commit- 
tees of  their  own  members,  or  in  such  other  way  as  they  may  respec- 
ti\  ely  think  best. 

CHAPTER  II.— SECTION  1. 

EXECUTIVE  POWER. 

Goveimor. 
Article  1.  There  shall  be  a  supreme  executive  magistrate,  who  shall 
be  styled  the  Governor  of  the  Cotnmonivealth  of  Jlfassachusetis  ;  an  J 
tvhose  title  shall  be,  His  ExceUeiicy.  , 


MASSACHUSETTS.  49 

2.  The  governor  shall  be  chosen  annually :  and  no  person  shall  be 
eligible  to  this  office,  unless  at  the  time  of  his  election  he  shall  have 
been  an  inhabitant  of  this  commonwealth  for  seven  years  next  preced- 
ing ;  and  unless  he  shall,  at  the  same  time,  be  seized,  in  his  own  right, 
of  a  freehold  within  the  commonwealth  of  the  value  of  one  thousand 
pounds ;  and  unless  he  shall  declare  himself  to  be  of  the  Christian  re- 
ligion. 

3.  Those  persons  who  shall  be  qualified  to  vote  for  senators  and  re- 
presentatives, within  the  several  towns  of  this  commonwealth,  shall,  at  a 
meeting  to  be  called  for  that  purpose,  on  the  first  Monday  of  April,  an- 
nually, give  in  their  votes  for  a  governor  to  the  selectmen,  who  shall 
preside  at  such  meetings  ;  and  the  town  clerk,  in  the  presence,  and  with 
the  assistance  of  the  selectmen,  shall,  in  open  town  meeting,  sort  and 
count  the  votes,  and  form  a  list  of  the  persons  voted  for,  with  the  num- 
ber of  votes  for  each  person,  against  his  name  :  and  shall  make  a  fair 
record  of  the  same  in  the  town  books,  and  a  public  declaration  thereof 
in  the  said  meeting ;  and  shall,  in  the  presence  of  the  inhabitants,  seal 
up  copies  of  the  said  lists,  attested  by  him  and  the  selectmen,  and  trans- 
mit the  same  to  the  sheriff  of  the  county,  thirty  days  at  least  before  the 
last  Wednesday  in  May :  and  the  sheriff  shall  transmit  the  same  to  the 
secretary's  office  seventeen  days  at  least  before  the  said  last  Wednesday 
in  May ;  or  the  selectmen  may  cause  returns  of  the  same  to  be  made  to 
the  office  of  the  secretary  of  the  commonwealth,  seventeen  days  at  least 
before  the  said  day  ;  and  the  secretary  shall  lay  the  same  before  the 
senate  and  house  of  representatives  on  the  last  Wednesday  in  May,  to  be 
by  them  examined :  and  in  case  of  an  election  by  a  majority  of  all  the 
votes  returned,  the  choice  shall  be  by  them  declared  and  published.  But 
if  no  person  shall  have  a  majority  of  votes,  the  house  of  representatives 
shall,  by  bidlot,  elect  two  out  of  four  persons,  who  had  the  highest  num- 
ber of  votes,  if  so  many  shall  have  been  voted  for  :  but,  if  otherwise,  out 
of  the  number  voted  for ;  and  make  return  to  the  senate  of  the  persons 
so  elected  ;  on  which  the  senate  shall,  by  ballot,  elect  one  who  shall  be 
declared  governor. 

4.  The  governor  shall  have  authority  from  time  to  time,  at  his  dis- 
cretion, to  assemble  and  call  together  the  counsellors  of  this  common- 
wealth for  the  time  being ;  and  the  governor,  with  the  said  counsellors, 
or  five  of  them  at  least,  shall,  and  may  from  time  to  time,  hold  and  keep 
a  council,  for  the  ordering  and  directing  the  affairs  of  the  commonwealth, 
agreeably  to  the  constitution  and  laws  of  the  land. 

5.  The  governor,  with  the  advice  of  council,  shall  have  full  power  and 
authority,  during  the  session  of  the  general  court,  to  adjourn  or  prorogue 
the  same,  to  any  time  the  two  houses  shall  desire  ;  and  to  dissolve  the 
same  on  the  day  next  preceding  the  last  Wednesday  in  May,  and  in  the 
recess  of  the  said  court  to  prorogue  the  same,  from  time  to  time,  not  ex- 
ceeding ninety  days  in  any  one  recess ;  and  to  call  it  together  sooner 
than  the  time  to  which  it  may  be  adjourned  or  prorogued,  if  the  welfare 
of  the  commonwealth  shall  require  the  same.  And  in  case  of  any  in- 
fectious distemper  prevailing  in  the  place  where  the  said  court  is  next, 
at  any  time,  to  convene,  or  any  cause  happening,  whereby  danger  may 
arise  to  the  health  or  lives  of  the  members  from  their  attendance,  he 
may  direct  the  session  to  be  held  at  some  other  of  the  most  convenient 
t>laces  within  the  state. 

E 


50  CONSTITUTION   OF 

And  the  governor  shall  dissolve  the  said  general  court  on  the  day  next 
preceding  the  last  Wednesday  in  May. 

6.  In  cases  of  disagreement  between  the  two  houses  with  regard  to 
the  necessity,  expediency,  or  time  of  adjournment,  or  prorogation,  the 
governor,  with  advice  of  the  council,  shall  have  a  right  to  adjourn  or 
prorogue  the  general  court,  not  exceeding  ninety  days,  as  he  shall  de- 
termine, and  the  public  good  shall  require. 

7.  The  governor  of  this  commonwealth,  for  the  time  being,  shall  be 
commander-in-chief  of  the  army  and  navy,  and  of  all  the  military  forces 
of  the  state,  by  sea  and  land  ;  and  shall  have  full  power,  by  himself,  or  by 
any  commander,  or  other  officer  or  officers,  from  time  to  time,  to  train, 
instruct,  exercise,  and  govern  the  militia  and  navy  ;  and,  for  the  special 
defence  and  safety  of  the  commonwealth,  to  assemble  in  martial  array, 
and  put  in  warlike  posture,  the  inhabitants  thereof;  and  to  lead  and  con- 
duct them,  and  with  them  to  encounter,  repel,  resist,  expel,  and  pursue, 
by  force  of  arms,  as  well  by  sea  as  by  land,  within  or  without  the  limits 
of  this  commonwealth :  and  also  to  kill,  slay,  and  destroy,  if  necessary, 
and  conquer,  by  all  fitting  ways,  enterprises,  and  means  whatsoever,  all 
and  every  such  person  or  persons,  as  shall  at  any  time  hereafter,  in  a 
hostile  manner,  attempt  or  enterprise  the  destruction,  invasion,  detriment, 
or  annoyance  of  this  commonwealth  ;  and  to  use  and  exercise  over  the 
army  and  navy,  and  over  the  militia  in  actual  service,  the  law  martial, 
jn  time  of  war  or  invasion,  and  also  in  time  of  rebellion,  (declared  by 
the  legislature  to  exist,)  as  occasion  shall  necessarily  require  ;  and  to 
take  and  surprise,  by  all  ways  and  means  whatsoever,  all  and  every  such 
person  or  persons  (with  their  ships,  arms,  ammunition,  and  goods)  as 
shall,  in  a  hostile  manner,  invade,  or  attempt  the  invading,  conquering, 
or  annoying  this  commonwealth  :  and  that  the  governor  be  instrusted 
with  all  these  and  other  powers  incident  to  the  offices  of  captain-ge- 
neral, and  commander-in-chief,  and  admiral,  to  be  exercised  agreeably 
to  the  rules  and  regulations  of  the  constitution,  and  the  laws  of  the  land, 
and  not  otherwise. 

Provided,  that  the  said  governor  shall  not,  at  any  time  hereafter,  by 
virtue  of  any  power  by  this  constitution  granted,  or  hereafter  to  be 
granted  to  him  by  the  legislature,  transport  any  of  the  inhabitants  of 
this  commonwealth,  or  oblige  them  to  march  out  of  the  limits  of  the 
same,  without  their  free  and  voluntary  consent,  or  the  consent  of  the 
general  court ;  except  so  far  as  may  be  necessary  to  march  or  transport 
them  by  land  or  water,  for  the  defence  of  such  part  of  the  state,  to  which 
they  cannot  conveniently  have  access. 

8.  The  power  of  pardoning  oifences,  except  such  as  persons  may  be 
convicted  of  before  the  senate  by  an  impeachment  of  the  house,  shall  be 
in  the  governor,  by  and  with  the  advice  of  council ;  but  no  charter  of 
pardon,  granted  by  the  governor,  with  advice  of  the  council,  before  con- 
viction, shall  avail  the  party  pleading  the  same,  notwithstanding  any 
general  or  particular  expressions  contained  therein,  descriptive  of  the 
offence  or  offences  intended  to  be  pardoned. 

9.  All  judicial  officers,  the  attorney-general,  the  solicitor-general,  all 
sheriffs,  coroners,  and  registers  of  probate,  shall  be  nominated  and  ap- 
pointed by  the  governor,  by  and  with  the  advice  and  consent  of  the 
council ;  and  every  such  nomination  shall  be  made  by  the  governor,  and 
made  at  least  seven  days  prior  to  such  appointment. 


MASSACHUSETTS.  51 

10.  The  captains  and  subalterns  of  the  militia  shall  be  elected  by  the 
written  votes  of  the  train  band  and  alarm  list  of  their  respective  com- 
paHies,  of  tvpenty-one  years  of  age  and  upwards.  The  field  officers  of 
regiments  shall  be  elected  by  the  written  votes  of  the  captains  and  sub- 
alterns of  their  respective  regiments.  The  brigadiers  shall  be  elected,  in 
like  manner,  by  the  field  officers  of  their  respective  brigades.  And  such 
officers,  so  elected,  shall  be  commissioned  by  the  governor,  who  shall 
determine  their  rank. 

The  legislature  shall,  by  standing  laws,  direct  the  time  and  manner 
of  convening  the  electors,  and  of  collecting  votes,  and  of  certifying  to 
the  governor  the  officers  elected. 

The  major-generals  shall  be  appointed  by  the  senate  and  house  of  re- 
presentatives, each  having  a  negative  upon  the  oilier ;  and  be  commis- 
sioned by  the  governor. 

And  if  the  electors  of  brigaxiiers,  field  officers,  captains,  or  subalterns, 
shall  neglect  or  refuse  to  make  such  elections,  after  being  duly  notified  ac- 
cording to  the  laws  of  the  time  being,  then  the  governor  with  advice  of 
council  shall  appoint  suitable  persons  to  fill  such  offices. 

And  no  officer,  duly  commissioned  to  command  in  the  militia,  shall 
be  removed  fi-om  his  ofl^e,  but  by  the  address  of  both  houses  to  the  go- 
vernor, or  by  f^ir  trial  in  court-martial,  pursuant  to  the  laws  of  the  com- 
monwealth for  the  time  being. 

The  commanding  officers  of  regiments  shall  appoint  their  adjutants 
and  quartermasters  :  the  brigadiers  their  brigade-majors ;  and  the  major- 
generals  their  aids  :  and  the  governor  shall  appoint  the  adjutant-general. 

The  governor,  with  advice  of  council,  shall  appoint  all  officers  of  the 
continental  army,  whom  (by  the  confederation  of  the  United  States)  it 
is  provided  that  this  commonwealth  shall  appoint,  as  also  all  officers  of 
forts  and  garrisons. 

The  divisions  of  the  militia  into  brigades,  regiments,  and  companies, 
made  in  pursuance  of  the  militia  laws  now  in  force,  shall  be  considered 
as  the  proper  divisions  of  the  militia  of  this  commonwealth,  until  the 
aame  shall  be  altered  in  pursuance  of  some  fixture  law. 

11.  No  moneys  shall  be  issued  out  of  the  treasury  of  this  common- 
wealth, and  be  disposed  of  (except  such  sums  as  may  be  appropriated 
for  the  redemption  of  bills  of  credit  or  treasurer's  notes,  or  for  the  pay- 
ment of  interest  arising  thereon)  but  by  warrant,  under  the  hand  of  the 
governor  for  the  time  being,  Avith  the  advice  and  consent  of  the  council, 
for  the  necessary  defence  and  support  of  the  commonwealth,  and  for  the 
protection  and  preservation  of  the  inhabitants  thereof,  agreeably  to  the 
act  and  resolves  of  the  general  court. 

12.  All  public  boards,  the  commissary-general,  all  superintending 
officers  of  public  magazines  and  stores,  belonging  to  this  commonwealth, 
and  all  commanding  officers  of  forts  and  garrisons  within  the  same,  shall, 
once  in  every  three  months,  officially,  and  without  requisition,  and  at 
other  times,  when  required  by  the  governor,  deliver  to  him  an  account 
of  all  goods,  stores,  provisions,  ammunition,  cannon,  with  their  appen- 
dages, and  small  arms,  with  their  accoutrements,  and  of  all  other  public 
property  whatever,  under  their  care  respectively ;  distinguishing  the 
quantity,  number,  quality,  and  kind  of  each,  as  particular  as  may  be ; 
together  with  the  condition  of  such  forts  and  garrisons.  And  the  said 
eomraanding  officer  shall  exhibit  to  the  governor,  when  required  by  him, 


52  CONSTITUTION  OF 

true  and  exact  plans  of  such  forts,  and  of  the  land  and  sea,  harbour  or 
harbours,  adjacent. 

And  the  said  boards  and  all  public  officers  shall  communicate  to  the 
governor,  as  soon  as  may  be,  after  receiving  the  same,  all  despatches  and 
intelligence  of  a  public  nature,  which  shall  be  directed  to  them  respec- 
tively. 

13.  As  the  public  good  requires  that  the  governor  should  not  be  un- 
der the  undue  influence  of  any  of  the  members  of  the  general  court,  by 
a  dependence  on  them  for  his  support :  that  he  should  in  all  cases  act 
with  freedom  for  the  benefit  of  the  public  ;  that  he  should  not  have  his 
attention  necessarily  diverted  from  that  object,  to  his  private  concerns  ; 
and  that  he  should  maintain  the  dignity  of  the  commonwealth,  in  the' 
character  of  its  chief  magistrate — ^it  is  necessary  that  he  should  have  an 
honourable  stated  salary,  of  a  fixed  and  permanent  value,  amply  sufficient 
for  those  purposes,  and  established  by  standing  laws  ;  and  it  shall  be 
among  the  first  acts  of  the  general  court,  after  the  ccnnmencement  of 
this  constitution,  to  establish  such  salary  by  law  accordingly. 

Pennanent  and  honourable  salaries  shall  also  be  established  by  law  for 
the  justices  of  the  supreme  judicial  court. 

And  if  it  shall  be  found  that  any  of  the  salaries  aforesaid,  so  estab- 
lished, are  insufficient,  they  shall,  from  time  to  time,  be  enlarged,  as  th» 
general  court  shall  judge  proper. 


CHAPTER  n.— SECTION  2. 

Ideutenant-governor. 

Article  1.  There  shall  be  annually  elected  a  lieutenant-governor  of  the 
commonwealth  of  Massachusetts,  whose  title  shall  be,  His  Honour  ;  and 
who  shall  be  qualified,  in  point  of  religion,  property,  and  residence  in 
the  commonwealth,  in  the  same  manner  with  the  governor ;  and  the  day 
and  manner  of  his  election,  and  the  qualifications  of  the  electors,  shall 
be  the  same  as  are  required  in  the  election  of  a  governor.  The  return 
of  the  votes  for  this  olBcer,  and  the  declaration  di  his  election,  shall  be 
in  the  same  manner :  and  if  no  one  person  shall  be  found  to  have  a 
majority  of  all  the  votes  returned,  the  vacancy  shall  be  filled  by  the  sen- 
ate and  house  of  representatives,  in  the  same  manner  as  the  governor  is 
to  be  elected,  in  case  no  one  person  shall  have  a  majority  of  the  votes 
of  the  people,  to  be  governor. 

2.  The  governor,  and,  in  his  absence,  the  lieutenant-governor,  shall 
be  the  president  of  the  council ;  but  shall  have  no  vote  in  council ;  and 
the  lieutenant-governor  shall  always  be  a  member  of  the  council,  except 
when  the  chair  of  the  governor  shall  be  vacant. 

3.  Whenever  the  chair  of  the  governor  shall  be  vacant  by  reason  of 
his  death,  or  absence  from  the  commonwealth,  or  otherwise,  the  lieuten- 
ant-governor for  the  time  being  shall,  during  such  vacancy,  perform  all 
the  duties  incumbent  upon  the  governor,  and  shall  have  and  exeicise  ah 
the  power  and  authorities  which,  by  this  constitution,  the  governor  is 
vested  with,  when  personally  present. 


MASSACHUSETTS,  53 

CHAPTER  II.— SECTION  3. 

Vouncil,  and  the  manner  of  settling  elections  by  the  Legislature. 

Article  1.  There  shall  be  a  council  for  advising  the  governor  in  the 
executive  part  of  government,  to  consist  of  nine  persons,  besides  the 
ueutenant-governor,  whom  the  governor,  for  the  time  being,  shall  have 
full  power  and  authority  from  time  to  time,  at  his  discretion  to  assemble 
and  call  together  :  and  the  governor,  with  the  said  counsellors,  or  five  of 
them  at  least,  shall  and  may,  from  time  to  time,  hold  and  keep  a  council, 
for  the  ordering  and  directing  the  affairs  of  the  commonwealth,  accord- 
ing to  the  laws  of  the  land. 

2.  Nine  counsellors  shall  be  annually  chosen  from  among  the  persons 
returned  from  the  counsellors  and  senators,  on  the  last  Wednesday  in 
May,  by  the  joint  ballot  of  the  senators  and  representatives,  assembled 
in  one  room  :  and  in  case  there  shall  not  be  found,  upon  the  first  choice, 
the  whole  number  of  nine  persons,  who  will  accept  a  seat  in  the  coun- 
•cil,  the  deficiency  shall  be  made  up  by  the  electors  aforesaid,  from  among 
the  people  at  large ;  and  the  number  of  senators  left  shall  constitute  the 
■senate  for  the  year.  The  seats  for  the  persons  thus  elected  from  the 
senate,  and  accepting  the  trust,  shall  be  vacated  in  the  senate. 

3.  The  counsellors,  in  the  civil  arrangements  of  the  coramonw^ealth, 
shall  have  rank,  next  after  the  lieutenant-governor. 

4.  Not  more  than  two  counsellors  shall  be  chosen  out  of  any  one 
"district  of  this  commonwealth. 

5.  The  resolutions  and  adAace  of  the  council  shall  be  recorded  in  a 
register ;  and  signed  by  the  members  present :  and  this  record  may  be 
called  for  at  any  time  by  either  house  of  the  legislature  ;  and  any  member 
-of  the  council  may  insert  his  opinion,  contrary  to  the  resolution  of  the 
majority. 

6.  Whenever  the  office  of  governor  and  lieutenant-governor  shall  be 
vacant,  by  reason  of  death,  absence,  or  otherwise,  then  the  council,  or 
the  major  part  of  them,  shall,  during  such  vacancy,  have  full  power  and 
authority  to  do  and  to  execute  all  and  every  such  acts,  matters,  and 
thing?,  as  the  governor  or  lieutenant-governor  might  or  could,  by  virtue 
•of  this  constitution,  do  or  execute,  if  they  or  either  of  them  were  person- 
ally present. 

7.  And  whereas  the  elections  appointed  to  be  made  by  this  constitu- 
tion, on  the  last  Wednesday  in  May  annually,  by  the  two  houses  of  the 
legislature,  may  not  be  completed  on  that  day,  the  said  elections  may  be 
adjourned  from  day  to  day  until  the  same  shall  be  completed.  And  the 
order  of  election  shall  be  as  follows  :  the  vacancies  in  the  senate,  if  any, 

hall  first  be  filled  up  ;  the  governor  and  lieutenant-govei-nor  shall  then 
be  elected,  provided  there  shall  be  no  choice  of  them  by  the  people  ;  and 
afterwards  the  two  houses  shall  proceed  to  the  election  of  the  council. 

CHAPTER  II.— SECTION  4. 

Secretary,  Ti^easurer,  Commissary^  &c. 

Article  1.    The   secretary,  treasurer,  and   receiver-general,  and    the 
rjommissary-general,  notanes  public,  and  naval  officers,  shall  be  chosen 
annually,  by  joint  ballot  of  the   senators  and  ropresontntives,  in  one 
'   .    "    "  F.  2 


54  CONSTITUTION  OF 

room  ;  and  that  the  citizens  of  this  commonwealth  may  be  assured,  fioni 
time  to  time,  that  the  moneys  remaining  in  the  pubUc  treasury,  upon 
the  settlement  and  liquidation  of  the  public  accounts,  are  their  property, 
no  man  shall  be  eligible  as  treasurer  and  receiver-general  more  than  five 
years  successively. 

2.  The  records  of  the  commonwealth  shall  be  kept  in  the  office  of  the 
secretary,  who  may  appoint  his  deputies,  for  whose  conduct  he  shall  be 
accountable ;  and  he  shall  attend  the  governor  and  council,  the  senate 
and  house  of  representatives,  in  person,  or  by  his  deputies,  as  they  shall 
respectively  require, 

CHAPTER  IIL 

Judiciary  Poiver, 
Article  1.  The  tenure  that  all  commission  officers  shall,  by  law,  have 
in  their  offices,  shall  be  expressed  in  their  respective  commissions ;  all 
judicial  officers,  duly  appointed,  commissioned,  and  sworn,  shall  hold 
their  offices  during  good  behaviour ;  excepting  such  concerning  whom 
there  is  different  provision  made  in  this  constitution  :  Provided,  never- 
theless, the  governor,  with  consent  of  the  council,  may  remove  them 
upon  the  address  of  both  houses  of  the  legislature. 

2.  Each  branch  of  the  legislature,  as  well  as  the  governor  and  council, 
shall  have  authority  to  require  the  opinions  of  the  justices  of  the  su- 
preme judicial  court,  upon  important  questions  of  law,  and  upon  solemji 
occasions. 

3.  In  order  that  the  people  may  not  sufler  from  the  long  continuance 
in  place  of  any  justice  of  the  peace,  who  shall  fail  of  discharging  the 
important  duties  of  his  office  with  ability  or  fidelity,  all  commissions  ot 
justices  of  the  peace  shall  expire  and  become  void  in  the  term  of  seven 
years  from  their  respective  dates  ;  and  upon  the  expiration  of  any  com- 
mission, the  same  may,  if  necessary,  be  renewed,  or  another  person  ap- 
pointed, as  shall  most  conduce  to  the  well-being  of  the  commonwealth. 

4.  The  judges  of  probates  of  wills,  and  for  grauting  letters  of  ad- 
ministration, shall  hold  their  courts  at  such  place  or  places,  on  fixed  days, 
as  the  convenience  of  the  people  may  require  r  and  the  legislature  shall, 
from  time  to  time  hereafter,  appoint  such  times  and  places  :  until  which 
appointments,  the  said  courts  shall  be  holden  at  the  times  and  places 
which  the  respective  judges  shall  direct. 

5.  All  the  causes  of  marriage,  divorce,  and  alimony,  and  all  appeals 
from  the  judges  of  probate,  shall  be  heard  and  determined  by  the  go- 
vernor and  council,  until  the  legislature  shall,  by  law,  make  other  pro 
visions. 

CHAPTER  IV. 

Delegates  to  Congress. 
The  Delegates  of  this  commonwealth  to  the  congress  of  the  Unitea 
States  shall,  some  time  in  the  month  of  June  annually,  be  elected  by 
joint  ballot  of  the  senate  and  house  of  representatives,  assembled  to- 
gether in  one  room ;  to  serve  in  congress  for  one  year,  to  commence  OTt, 
the  first  Monday  in  November  then  next  ensuing.  They  shall  have 
commission  under  the  hand  of  the  governor,  and  the  great  seal  of  the 
commonwealth  ;  but  may  be  recalled  at  any  time  within  the  year,  and 
others  chosen  and  commissioned  in  the  same  manner,  in  their  stead. 


MASSACHUSETTS.  «  55 


CHAPTER  V. 

To  the  Univeraity  at  Cambridge,  and  Encouragement  of 

Literature,  &c. 

SECTION   1. THE  UJTIVERSITT. 

Article  1.  Whereas  our  wise  and  pious  ancestors,  so  early  as  the 
year  one  thousand  six  hundred  and  thirty-six,  laid  the  foundation  of 
Harvard  college,  in  which  university  many  persons  of  great  eminence 
have,  by  the  blessing  of  God,  been  initiated  into  those  arts  and  sciences 
which  qualified  them  for  public  employments  both  in  church  and  state : 
and  whereas  the  encouragement  of  arts  and  sciences,  and  all  good  litera- 
ture, tends  to  the  honour  of  God,  the  advantage  of  the  Christian  religion, 
and  the  great  benefit  of  tliis  and  the  other  United  States  of  America,  it 
is  declared  that  the  president  and  fellows  of  Harvard  college  in  their 
corporate  capacity,  and  their  successors  in  that  capacity,  their  officers  and 
servants,  shall  have,  hold,  use,  exercise,  and  enjoy,  all  the  powers,  au- 
thorities, rights,  liberties,  privileges,  immunities,  and  franchises,  wliich 
they  now  have,  or  are  entitled  to  have,  hold,  use,  exercise,%nd  enjoy  • 
and  the  same  are  hereby  ratified  and  confirmed  unto  them,  the  said  presi- 
dent and  fellows  of  Harvard  college,  and  to  their  successors,  and  to  their 
oflicers  and  servants,  respectively,  for  ever. 

2.  And  whereas  there  have  been,  at  sundry  times,  by  divers  persons, 
gifts,  grants,  devises  of  houses,  lands,  tenements,  goods,  chattels,  lega- 
cies, and  conveyances,  heretofore  made,  either  to  Harvard  college,  in 
Cambridge,  in  New  England,  or  to  the  president  and  fellows  of  Harvard 
college,  or  to  the  said  college,  by  some  other  description,  under  several 
charges  successively — it  is  declared,  that  all  the  said  gifts,  grants,  devises, 
legacies,  and  conveyances,  are  hereby  for  ever  confirmed  unto  the  presi- 
dent and  fellows  of  Harvard  college,  and  to  their  successors  in  the  ca- 
pacity aforesaid,  according  to  the  true  intent  and  meaning  of  the  donor 
or  donors,  grantor  and  grantors,  devisor  or  devisors. 

3.  And  whereas,  by  an  act  of  the  general  court  of  the  colony  of  Mas- 
sachusetts Bay,  passed  in  the  year  one  thousand  six  hundred  and  forty- 
two,  the  governor  and  deputy-governor,  for  the  time  being,  and  all  the 
magistrates  of  that  jurisdiction,  were,  with  the  president  and  a  number  of 
the  clergy  in  the  said  act  described,  constituted  the  overseers  of  Harvard 
college :  and  it  being  necessary  in  this  new  constitution  of  government, 
to  ascertain  who  shall  be  deemed  successors  to  the  said  governor,  deputy- 
governor,  and  magistrates,  it  is  declared  that  the  governor,  lieutenant- 
governor,  council,  and  senate  of  this  commonwealth,  are  and  shall  be 
deemed  their  successors  :  who,  with  the  president  of  Harvard  college,  for 
the  time  being,  together  with  the  ministers  of  the  congregational  churches 
in  the  towns  of  Cambridge,  Watertown,  Charlestown,  Boston,  Roxbury, 
and  Dorcester,  mentioned  in  the  said  act,  shall  be,  and  hereby  are,  vested 
with  all  the  powers  and  authority  belonging,  or  in  any  way  appertaining 
to  the  overseers  of  Harvard  college  :  provided,  that  nothing  herein  shall 
be  construed  to  prevent  the  legislature  of  this  commonwealth  from 
making  such  alterations  in  the  government  of  the  said  university  as  shall 
be  conducive  to  its  advantage,  and  the  interest  of  the  republic  of  letters. 


56  CONSTITUTION  OP 

in  as  full  a  manner  as  might  have  been  done  by  the  legislature  of  the 
late  province  of  the  Massachusetts  Bay. 

CHAPTER  v.— SECTION  2. 

The  Encouragement  of  Literature. 

Wisdom  and  knowledge,  as  well  as  virtue,  diffused  generally  amonjj 
the  body  of  the  people,  being  necessary  for  the  preservation  of  their 
rights  and  liberties,  and  as  these  depend  on  spreading  the  opportunities 
and  advantages  of  education  in  the  various  parts  of  the  country,  and 
among  the  ditlerent  orders  of  the  people,  it  shall  be  the  duty  of  the  legis- 
latures and  magistrates,  in  all  future  periods  of  this  commonwealth,  to 
cherish  the  interest  of  literature  and  the  sciences,  and  all  seminaries  of 
them  :  especially  the  university  at  Cambridge,  public  schools,  and  gram- 
mar schools  in  the  towns ;  to  encourage  private  societies  and  public  in- 
stitutions, by  rewards,  and  immunities  for  the  promotion  of  agriculture, 
arts,  sciences,  commerce,  trades,  manufactures,  and  a  natural  history  of 
the  country ;  to  countenance  and  inculcate  the  principles  of  humanity 
and  general  benevolence,  public  and  private  charity,  industry  and  frugal- 
ity, honest}'  and  punctuality  in  their  dealings  :  sincerity,  good  humour, 
and  all  social  affections  and  generous  sentiments  among  the  people. 

CHAPTER  VI. 

Oaths  and  stibscriptions  ;  incompatibility  of,  and  exclusion  from^ 
offices  ;  pecuniary  qualif  cations  ;  commissions  ;  -writs  ;  conjirma^ 
tion  of  laivs  ;  habeas  corpus  ;  the  enacting  style  ;  continuance  of 
officers  ;  provision  for  a  future  revisal  of  the  constitution,  &c. 

Article  1.  Any  person  chosen  governor,  or  lieutenant-governor,  coun- 
sellor, senator,  or  representative,  and  accepting  the  trust,  shall,  before  he 
proceed  to  execute  the  duties  of  his  place  or  office,  take,  make,  and  sub- 
scribe, the  following  declaration,  viz. 

"  I,  A.  B.,  do  declare  that  I  believe  the  Christian  religion,  and  have  a 

firm  persuasion  of  its  truth ;  and  that  I  am  seized  and  possessed, 

in  my  own  right,  of  the  property  required  by  the  constitution,  as. 

one  qualification  for  the  office  or  place  to  which  I  am  elected." 

And  the  governor,  lieutenant-governor,  and  counsellors,  shall  make 

and  subscribe  the  said  declaration  in  the  presence  of  the  two  houses  of 

assembly ;  and  the  senators  and  representatives  first  elected  under  this 

constitution,  before  the  president  and  five  of  the  council  of  the  former 

constitution ;  and,  for  ever  afterwards,  before  the  governor  and  council 

for  the  time  being. 

And  every  person  chosen  to  either  of  the  places  or  offices  aforesaid,  as. 
also  any  person  appointed  or  commissioned  to  any  judicial,  executive, 
military,  or  other  office,  under  the  government,  shall,  before  he  enter  on 
the  discharge  of  the  business  of  his  place  or  office,  take  and  subscribe  the 
following  declaration  and  oaths,  or  affirmations,  viz. 

"  I,  A.  B.,  do  truly  and  sincerely  acknowledge,  profess,  testify,  and 
declare,  that  the  commonwealth  of  Massachusetts  is,  and  of  right 
ought  to  be,  a  free,  sovereign,  and  independent  state ;  and  I  do 
swear  that  I  will  bear  true  faith  and  allegiance  to  the  said  common- 
weahh,  nnd  that  I  will  defend  ihe  same  against  traitorous  consj-ira- 


MASSACHUSETTS.  57 

cies,  and  all  hostile  attempts  whatsoever :  and  that  I  do  renounce 
and  abjure  all  allegiance,  subjection,  and  obedience  to  the  king-, 
queen,  or  government  of  Great  Britain,  as  the  case  may  be,  and 
every  other  foreign  power  whatsoever  :  and  that  no  foreign  prince, 
person,  prelate,  state,  or  potentate,  hath,  or  ought  to  have,  any  juris- 
diction, superiority,  pre-eminence,  authority,  dispensing   or  other 
power,  in  any  matter,  civil,  ecclesiastical,  or  spiritual,  within  this 
commonwealth,  except  the  authority  and  prwer  which  is  or  may  be 
vested  by  their  constituents  in  the  congress  of  the  United  States: 
And  I  do  further  testify  and  declare,  that  no  man  or  body  of  men 
hath  or  can  have  any  right  to  absolve  or  discharge  me  from  the  obli- 
gation of  this  oath,  declaration,  or  affirmation;  and  that  I  do  make 
this  acknowledgment,  profession,  testimony,  declaration,  denial,  re- 
nunciation, and  abjuration  heartily  and  truly,  according  to  the  com- 
mon meaning  and  acceptation  of  the  foregoing  words,  without  any 
equivocation,  mental  evasion,  or  secret  reservation  whatsoever.    So 
help  me  God. 
'*  I,  A.  B.,  do  solemnly  swear  and  affirm,  that  I  will  faithfully  and  im- 
partially discharge  and  perform  all  the  duties  incumbent  on  me  as 
,  according  to  the  best  of  my  abilities  and  under- 
standing, agreeably  to  the  rules  and  regulations  of  the  constitution, 
and  the  laws  of  this  commonwealth.     So  help  me  God." 
Provided  always,  that  when  any  person  chosen  or  appointed  as  afore- 
said shall  be  of  the  denomination  of  the  people  called  Quakers,  and  shall 
decline  taking  the  said  oaths,  he  shall  make  his  affirmation,  in  the  fore- 
going form,  and  subscribe  the  same,  omitting  the  words,  "  /  do  sioear^* 
"  and  abjure,"  "  oath"  "  and  abjuration,"  in  the  first  oath  ;  and  in  the 
second  oath,  the  words  "  swear  and,"  and  in  each  of  them  the  words 
"  so  help  me  God  "  subjoining  instead  thereof,  *'  This  I  do  imder  the 
pains  a7id  penalties  of  perjury." 

And  in  the  said  oaths  or  affirmations  shall  be  taken  and  subscribed  by 
the  governor,  lieutenant-governor,  and  counsellors,  before  the  president 
of  the  senate,  in  the  presence  of  the  t\vo  houses  of  assembly  :  and  by  the 
senators  and  representatives  first  elected  under  this  constitution,  before 
the  president  and  five  of  the  council  of  the  former  constitution  ;  and,  for 
ever  afterwards,  before  the  governor  and  council  for  the  time  being  ;  and 
by  the  residue  of  the  officers  aforesaid,  before  such  persons  as,  from  time 
to  time,  shall  be  prescribed  by  the  legislature. 

2.  No  governor,  lieutenant-governor,  or  judge  of  the  supreme  judicial 
court,  shall  hold  any  office  or  place  under  the  authority  of  this  common- 
wealth, except  such  as  by  this  constitution  they  are  admitted  to  hold, 
saving  that  the  judges  of  the  said  court  may  hold  the  offices  of  justices 
of  the  peace  throughout  the  state ;  nor  shall  they  hold  any  other  place 
or  office,  or  receive  any  pension  or  salary,  from  any  other  state,  or  gov 
ernment,  or  power  whatever. 

No  person  shall  be  capable  of  holding  or  exercising,  at  the  same  time, 
more  than  one  of  the  following  offices  within  this  state,  viz.  judge  of 
probate,  sheriff,  register  of  probate,  or  register  of  deeds  :  and  never  more 
than  any  two  offices,  which  are  to  be  held  by  appointment  of  the  gov- 
ernor, or  the  governor  and  council,  or  the  senate,  or  the  house  of  repre- 
sentatives or  by  election  of  the  people  of  the  state  at  large,  or  of  the 


68  CONSTITUTION   OF 

people  of  any  county,  (military  officer  and  the  office  of  justice  of  tl 
peace  excepted,)  shall  be  held  by  one  pei-son. 

No  person  holding  the  office  of  judge  of  the  supreme  judicial  court 
secretary,  attorney-general,  solicitor-general,  treasurer  or  receiver-gene- 
ral, judge  of  probate,  commissary -general,  president,  professor,  or  instructor 
of  Hars'ard  college,  sheriff,  clerk  of  the  house  of  representatives,  regis- 
ter of  probate,  register  of  deeds,  clerk  of  the  supreme  judicial  court,  clerk 
of  the  inferior  court  of  common  pleas,  or  officer  of  the  customs,  (including 
in  this  description  naval  officers,)  shall  at  the  same  time  have  a  seat  in  the 
senate  or  house  of  representatives ;  but,  their  being  chosen  or  appointed 
to,  and  accepting  the  same,  shall  operate  as  a  resignation  of  their  seat  in 
the  senate  or  house  of  representatives ;  and  the  places  so  vacated  shall  be 
filled  up. 

And  the  same  rule  shall  take  place  in  case  any  judge  of  the  said  su- 
preme judicial  court,  or  judge  of  probate,  shall  accept  a  seat  in  council, 
or  any  counsellor  shall  accept  of  either  of  those  offices  or  places. 

And  no  person  shall  ever  be  admitted  to  hold  a  seat  in  the  legislature, 
or  any  office  of  trust  or  importance  under  the  government  of  this  common- 
wealth, who  shall,  in  the  due  course  of  law,  have  been  convicted  of 
bribery  or  corruption  in  obtaining  an  election  or  appointment. 

3.  In  all  cases  where  sums  of  money  are  mentioned  in  this  constitu- 
tion, the  value  thereof  shall  be  computed  in  silver,  at  six  shillings  and 
eight  pence  per  ounce ;  and  it  shall  be  in  the  power  of  the  legislature, 
from  time  to  time,  to  increase  such  qualifications,  as  to  property,  of  the 
persons  to  be  elected  into  offices,  as  the  circumstances  of  the  common- 
wealth shall  fequire. 

4.  All  commissions  shall  be  in  the  name  of  the  commonwealth  of  Mas- 
sachusetts ;  signed  by  the  governor,  and  attested  by  the  secretary  or  his 
deputy,  and  have  the  great  seal  of  the  commonwealth  affixed  thereto. 

5.  All  writs  issuing  out  of  the  clerk's  office,  in  any  of  the  courts  of 
law,  shall  be  in  the  name  of  the  commonwealth  of  Massachusetts ;  they 
shall  be  under  the  seal  of  the  court  from  whence  they  issue ;  they  shall 
bear  test  of  the  first  justice  of  the  court  to  which  they  shall  be  return- 
able, (who  is  not  a  party,)  and  be  signed  by  the  clerk  of  such  court. 

6.  All  the  laws  which  have  heretofore  been  adopted,  used,  and  ap- 
proved of  in  the  province,  colony,  or  state  of  Massachusetts  Bay,  and 
usually  practised  on  in  the  courts  of  law,  shall  still  remain  and  be  in  full 
force,  until  altered  or  repealed  by  the  legislature  :  such  parts  only  ex- 
cepted as  are  repugnant  to  the  rights  and  liberties  contained  in  this  con- 
stitution. 

•  7.  The  privilege  and  benefit  of  the  writ  of  habeas  corpus  shall  be  en- 
joyed in  this  commonwealth  in  the  most  free,  easy,  cheap,  expeditious, 
and  ample  manner  ;  and  shall  not  be  suspended  by  the  legislature,  ex- 
sept  upon  the  most  urgent  and  pressing  occasions,  and  for  a  limited  time, 
not  exceeding  twelve  months. 

8.  The  enacting  style,  in  making  and  passing  all  acts,  statutes,  and 
laws,  shall  be,  "  Be  it  enacted  by  the  senate  and  house  of  representa- 
lives,  in  geiieral  conrt  assembled,  and  by  the  authority  of  the  same.^* 

9.  To  the  end  there  may  be  no  failure  of  justice,  or  danger  arise  to 
the  commonwealth,  from  a  change  of  the  form  of  government,  all  offi 
cers,  civil  and  military,  holding  commissions  under  the  government  and 


MASSACHUSETTS.  59 

peop.c  of  Massachusetts  Bay  in  New  England,  and  all  other  officers  of 
said  government  and  people,  at  the  time  this  constitution  shall  take 
effect,  shall  have,  hold,  use,  exercise,  and  enjoy,  all  the  powers  and  au- 
thority to  them  granted  or  committed,  until  other  persons  shall  be  ap- 
pointed in  their  stead ;  and  all  courts  of  law  shall  proceed  in  the  execu- 
tion of  the  business  of  their  respective  departments  :  and  all  the  execu- 
tive and  legislative  officers,  bodies,  and  powers,  shall  continue  in  full 
force  in  the  enjoyment  and  exercise  of  all  their  trusts,  employment,  and 
authority,  until  the  general  court,  and  the  supreme  and  executive  offi- 
cers, under  this  constitution,  are  designated  and  invested  with  their  re- 
spective trusts,  powers,  and  authority. 

10.  In  order  the  more  effectually  to  adhere  to  the  principles  of  the 
constitution,  and  correct  those  violations  which  by  any  means  may  be 
made  therein,  as  well  as  to  form  such  alterations  as  from  experience 
shall  be  found  necessary,  the  general  court  wluch  shall  be  in  the  year  of 
our  Lord  one  thousand  seven  hundred  and  ninety-five,  shall  issue  pre- 
cepts to  the  selectmen  of  the  several  towns,  and  to  the  assessors  of  the 
unincorporated  plantations,  directing  them  to  convene  the  qualified  voters 
of  their  respective  towns  and  plantations,  for  the  purpose  of  collecting 
their  sentiments  on  the  necessity  or  expediencv  of  ^e^ising  the  constitu- 
tion, in  order  to  amendments. 

And  if  it  shall  appear,  by  the  returns  made,  that  two-thirds  of  the 
qualified  voters  throughout  the  state,  who  shall  assemble  and  vote  in 
consequence  of  the  said  precepts,  are  in  favour  of  such  revision  or  amend- 
ment, the  general  court  shall  issue  precepts,  or  direct  them  to  be  issued 
from  the  secretary's  office,  to  the  several  towns,  to  elect  delegates  to  meet 
in  convention,  for  the  purpose  aforesaid. 

The  said  delegates  to  be  chosen  in  the  same  manner  and  proportion, 
as  their  representatives  in  the  second  branch  of  the  legislature  are  by 
this  constitution  to  be  chosen. 

1 1 .  This  form  of  government  shall  be  enrolled  on  parchment,  and  de- 
posited in  the  secretary's  office,  and  be  a  part  of  the  laws  of  the  land : 
and  printed  copies  thereof  shall  be  prefixed  to  the  book  containing  the 
laws  of  this  commonwealth,  in  all  future  editions  of  the  said  laws. 

JAMES  BOWDOIN,  President. 
Attest,  Samuel  Bakret,  Secretary. 


AMENDMENTS. 

Proclamation  of  Governor  Brooks,  of  Massachusetts,  announcing  to  the 
public  the  amendments  lately  made  by  the  convention  to  the  constitu- 
tion of  that  state,  and  which,  being  ratified  by  the  people,  now  form  a 
part  of  the  constitution  of  the  said  state. 

Whereas  sundry  resolutions  passed  the  legislature  on  the  fifth  day  of 
June,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  twenty- 
one,  in  the  words  following,  viz. 

"  Whereas,  the  convention  of  the  delegates  of  the  people,  assembled  at 
Boston  on  the  third  Wednesday  of  November,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  twenty,  for  the  purpose  of  revising  and 
amending  the  constitution  of  the  commonwealth  pursuant  to  an  act  of 


60  CONSTITUTION   OF 

the  general  court,  passed  on  the  sixteenth  day  of  June,  in  the  year  afore- 
said, submitted  certain  articles  of  amendment  of  the  constitution  to  the 
Jjeople,  for  their  ratification  and  adoption  ;  and  whereas  it  appears  by  a 
certificate  of  the  committee  of  the  said  convention,  that  tlie  following  ar- 
ticles of  amendment,  so  submitted,  as  aforesaid,  have  been  ratified  and 
adopted  by  the  people,  in  the  manner  directed  by  the  said  convention, 
and  have  tliereby  become  a  part  of  the  constitution  of  this  common- 
wealth, to  wit  : 

Article  1.  If  any  bill  or  resolve  shall  be  objected  to,  and  not  approved 
of  by  the  governor ;  and  if  the  general  court  shall  adjourn  within  five 
days  after  the  same  shall  have  been  laid  before  the  governor  for  his  ap- 
probation, and  thereby  prevent  his  returning  it,  with  his  objections,  as 
provided  by  the  constitution ;  such  bill  or  resolve  shall  not  become  a  law, 
nor  have  force  as  such. 

Art.  2.  The  general  court  shall  have  full  power  and  authority  to  erect 
or  constitute  municipal  or  city  governments  in  any  corporate  town  or 
towns,  in  this  commonwealth,  and  to  grant  to  the  inhabitants  thereof 
such  powers,  privileges,  and  immunities,  not  repugnant  to  the  constitu- 
tion, as  the  general  court  shall  deem  necessary  or  expedient,  for  the 
regulation  and  government  thereof,  and  to  prescribe  the  manner  of  calling 
and  holding  public  meetings  of  the  inhabitants  in  wards,  or  otherwise, 
for  the  election  of  officers,  under  the  constitution,  and  the  manner  of 
returning  the  votes  given  at  such  meetings  :  provided,  that  no  such  go- 
vernment shall  be  erected  or  constituted  in  any  town  not  containing 
twelve  thousand  inhabitants,  nor  unless  it  be  with  the  consent,  and  on  the 
application  of  a  majority  of  the  mhabitants  of  such  town,  present  and 
voting  thereon,  pursuant  to  a  vote  at  a  meeting  duly  warned  and  holden 
for  that  purpose  :  and  provided,  also,  that  all  by-laws,  made  by  such  mu- 
nicipal or  city  government,  shall  be  subject,  at  all  times,  to  be  annulled 
by  the  general  court. 

Art.  3.  Every  male  citizen  of  twenty-one  years  of  age,  and  upwards, 
(excepting  paupers  and  persons  under  guardianship,)  who  shall  have 
resided  withui  the  commonwealth  one  year,  and  withm  the  town  or 
district,  in  which  he  may  claim  a  right  to  vote,  six  calendar  months 
next  preceding  any  election  of  governor,  lieutenant-governor,  senators, 
representatives,  and  who  shall  have  paid,  by  himself  or  his  parent,  mas- 
ter or  guardian,  any  state  or  county  tax,  which  shall,  within  two  years 
next  preceding  such  election,  have  been  assessed  upon  him,  in  any  town 
or  district  of  this  commonwealth  ;  and  also  every  citizen,  who  shall  be 
by  law  exempt  from  taxation,  and  who  shall  be  in  all  other  respects 
qualified  as  above  mentioned,  shall  have  a  right  to  vote  in  such  election 
of  governor,  and  lieutenant-governor,  senators,  and  representatives ;  and 
no  other  person  shall  be  entitled  to  a  vote  in  such  election. 

Art.  4.  Notaries  public  shall  be  appointed  by  the  governor,  in  the 
same  manner  as  judicial  officers  are  appointed,  and  shall  hold  their 
offices  during  seven  years,  unless  sooner  removed  by  the  governor,  with 
the  consent  of  the  council,  and  upon  the  address  of  both  houses  of  the 
legislature. 

In  case  the  office  of  secretary  or  treasurer  of  the  commonwealth  shall 
become  vacant  from  any  cause,  during  the  recess  of  the  general  court, 
the  governor,  with  the  consent  of  the  council,  shall  nominate  and 
appoint,  under  such  regulations  as  may  be  prescribed  by  law,  a  com 


MASSACHUSETTS.  61 

petcnt  and  suitable  person  to  such  vacant  office,  who  shall  hold  the  samo 
until  a  successor  shall  be  appointed  by  the  general  court. 

Whenever  the  exigencies  of  the  commonwealth  shall  require  the  ap- 
pointment of  a  commissary-general,  he  shall  be  nominated,  appointed, 
and  commissioned,  in  such  manner  as  the  legislature  may,  by  law, 
prescribe. 

All  officers  commissioned  to  command  in  the  militia,  may  be  removed 
from  office  in  such  manner  as  the  legislature  may,  by  law,  prescribe. 

Art.  5.  In  the  election  of  captains  and  subalterns  of  the  militia,  all 
the  members  of  their  respective  companies,  as  well  those  under,  as 
those  above  the  age  of  twenty-one  years,  shall  have  a  right  to  vote. 

Art.  6.  Instead  of  the  oath  of  allegiance,  prescribed  by  the  constitu- 
tion, the  following  oath  shall  be  taken  and  subscribed  by  every  person 
chosen  or  appointed  to  any  office,  civil  or  military,  under  the  govern- 
ment of  this  commonwealth,  before  he  shall  enter  upon  the  duties  of  his 
office,  to  wit  : 

"  I,  A.  B.,  do  solemnly  swear,  that  I  will  bear  true  faith  and  allegiance 
to  the  commonwealth  of  Massachusetts,  and  will  support  the  constitution 
thereof.     So  help  me  God.** 

Provided,  that  when  any  person  shall  be  of  the  denomination  called 
Quakers,  and  shall  decline  taking  said  oath,  he  shall  make  his  affirma- 
tion in  the  foregoing  form,  omitting  the  word  "  swear,"  and  inserting, 
instead  thereof,  the  word  '*  affirm,"  and  omitting  the  words  "  so  help  me 
God,"  and  subjoining,  instead  thereof,  the  words  "  this  I  do  under  the 
pains  and  penalties  of  perjury." 

Art.  7.  No  oath,  declaration,  or  subscription,  excepting  the  oath  pre- 
scribed in  the  preceding  article,  and  the  oath  of  office,  shall  be  required 
of  the  governor,  Ueutenant-governor,  counsellors,  senators,  or  represen- 
tatives, to  quahfy  them  to  perform  the  duties  of  their  respective  offices. 

Art.  8.  No  judge  of  any  court  of  this  commonwealth,  (except  the 
court  of  sessions.)  and  no  person  holding  any  office  under  the  authority 
of  the  United  States,  (postmasters  excepted,)  shall,  at  the  same  time, 
hold  the  office  of  governor,  lieutenant-governor,  or  counsellor,  or  have 
a  seat  in  the  senate  or  house  of  representatives  of  this  commonwealth ; 
and  no  judge  of  any  court  in  this  commonwealth,  (except  the  court  of 
sessions,)  nor  the  attorney-general,  solicitor-general,  county  attorney, 
clerk  of  any  court,  sheriff",  treasurer,  and  receiver-general,  register  of 
probate,  nor  register  of  deeds,  shall  continue  to  hold  his  said  office  after 
being  elected  a  member  of  the  congress  of  the  United  States,  and  ac- 
cepting that  trust ;  but  the  acceptance  of  such  trust,  by  any  of  the 
officers  aforesaid,  shall  be  deemed  and  taken  to  be  a  resignation  of  his 
said  office;  and  judges  of  the  courts  of  common  pleas  shall  hold  no 
other  office,  under  the  government  of  this  commonwealth,  the  office  of 
the  justice  of  the  peace  and  militia  officers  excepted. 

Art.  9.  If,  at  any  time  hereafter,  any  specific  and  particular  amend- 
ment or  amendments  to  the  constitution  be  proposed  in  the  general 
court,  and  agreed  to  by  a  majority  of  the  senators,  and  two-thirds  of  the 
members  of  the  house  of  representatives  present  and  voting  thereon, 
such  proposed  amendment  or  amendments  shall  be  entered  on  the  jour- 
nals of  the  two  houses,  with  the  yeas  and  nays  taken  thereon,  and  re- 
ferred to  the  general  court  then  next  to  be  chosen,  and  shall  be  pub- 
lished ;  and  if  in  the  general  court  then  next  chosen,  as  aforesaid,  such 

F 


62  CONSTITUTION   OF 

proposed  amendment  or  amendments  shall  be  agreed  to  by  a  majoril y  of 
the  senators  and  two-thirds  of  the  members  of  tlie  house  of  representa- 
tives j)resent  and  voting  thereon  ;  then  it  shall  be  the  duty  of  the  general 
court  to  submit  such  proposed  amendment  or  amendments  to  the 
people  ;  and  if  they  shall  be  approved  and  ratified  by  a  majority  of  the 
qualified  voters  voting  thereon,  at  meetings  legally  warned  and  holden 
for  that  pui-pose,  they  shall  become  part  of  the  constitution  of  this 
commonwealth. 

Resolved,  That  the  above  recited  articles  of  amendment,  shall  be 
enrolled  on  parchment,  and  deposited  in  the  secretary's  ollice,  as  a  part 
of  the  constitution  and  fundamental  laws  of  this  commonwealth,  and 
published  in  immediate  connexion  therewith,  in  all  future  editions  of 
the  laws  of  this  commonwealth,  printed  by  public  authority.  And  in 
order  that  the  said  amendments  may  be  promulgated  and  made  known 
to  the  people  of  this  commonwealth  without  delay,  it  is  further 

Jiesolved,  That  his  excellency,  the  governor,  be,  and  he  hereby  is 
authorized  and  requested  to  issue  his  proclamation,  reciting  the  articles 
aforesaid ;  announcing  that  the  same  have^been  duly  adopted  and  ra- 
tified by  the  people  of  this  commonwealth,  and  become  a  part  of  the 
constitution  thereof;  and  requiring  all  magistrates,  officers,  civil  and 
military,  and  all  the  citizens  of  this  commonwealth,  to  take  notice  thereof, 
and  govern  themselves  accordingly." 

Now,  therefore,  I,  John  Brooks,  governor  of  the  commonwealth  of 
Massachusetts,  by  virtue  of  the  authority  to  me  given  by  the  resolution 
last  above  written,  do  issue  this  my  proclamation,  and  I  do  hereby  an- 
nounce, that  the  several  articles  aforesaid  have  been  duly  ratified  and 
adopted  by  the  people  of  this  commonwealth,  and  have  become  a  part 
of  the  constitution  thereof.  And  all  magistrates,  officers,  civil  and  mili- 
tary, and  all  the  citizens  of  the  commonwealth,  are  required  to  take 
notice  thereof,  and  govern  themselves  accordingly. 
Given  at  the  council  chamber,  in  Boston,  the  day  and  year  first  above 

written,  and  in  the  forty-fifth  year  of  the  independence  of  the  United 

States.  JOHN  BROOKS. 

By  his  Excellency  the  Governor, 

Alden  Bradfokd,  Secretartf. 
God  save  the  commonwealth  of  Massachusetts  ! 


CONSTITUTION  OF  NEW  HAMPSHIRE, 


The  Constitution  of  JVetv  Hampshire,  as  altered  and  amended  by  a 
cojivention  of  delegates  held  at  Concord,  in  said  state,  by  adjoxini' 
ment,  on  the  second  Wednesday  of  February,  1792. 

PART  I. 

BILI.  OF  BIGHTS. 

Article  1.  All  men  are  born  equally  free  and  independent :  There 
fore,  all  government,  of  right,  originates  from  the  people,  is  founded  in 
consent,  and  instituted  for  the  general  good. 


NEW    HAMPSHIRE.  63 

2.  All  men  have  certain  natural,  essential,  and  inherent  rights — 
among  which  are,  the  enjoying  and  defending  life  and  liberty,  acquiring, 
possessing,  and  protecting  property  ;  and,  in  a  word,  of  seeking  and  ob- 
taining happiness. 

3.  When  men  enter  into  a  state  of  societ)',  they  surrender  up  somo 
of  their  natural  rights  to  that  society,  in  order  to  ensure  the  protection 
of  others  ;  and  without  such  an  equivalent  the  surrender  is  void. 

4.  Among  the  natural  rights,  some  are  in  their  very  nature  unalien 
able,  because  no  equivalent  can  be  given  or  received  for  them.  Of  thi 
kind  are  the  rights  of  coiiscience. 

5.  Every  individual  has  a  natural  and  unalienable  right  to  worship 
God  according  to  the  dictates  of  his  own  conscience,  and  reason :  and 
no  person  shall  be  hurt,  molested,  or  restrained  in  his  person,  liberty,  or 
estate,  for  worshipping  God  in  the  manner  most  agreeable  to  the  dic- 
tates of  his  own  conscience,  or  for  his  religious  profession,  sentiments, 
or  persuasion ;  provided  he  doth  not  disturb  the  public  peace,  or  disturb 
others  in  their  religious  worship. 

6.  As  morality  arid  piety,  rightly  grounded  on  evangelical  principles, 
will  give  the  best  and  greatest  security  to  government,  and  will  lay,  in 
the  hearts  of  men,  the  strongest  obligations  to  due  subjection ;  and  as 
the  knowledge  of  these  is  most  likely  to  be  propagated  through  a  society 
by  the  institution  of  the  public  worship  of  the  Deity,  and  of  public  in- 
struction in  morality  and  religion  ;  therefore,  to  promote  these  important 
purposes,  the  people  of  this  state  have  a  right  to  empower,  and  do  here- 
by fully  empower,  the  legislature,  to  authorize,  from  time  to  time,  the 
several  towns,  parishes,  bodies  corporate,  or  religious  societies,  within 
this  state,  to  make  adequate  provision,  at  their  own  expense,  for  the 
support  and  maintenance  of  public  protestant  teachers  of  piety,  religion, 
and  morality  ; 

Provided,  7iotxvithstanding,  That  the  several  towns,  parishes,  bodies 
corporate,  or  religious  societies,  shall  at  all  times  have  the  exclusive 
right  of  electing  their  own  public  teachers,  and  of  contracting  with  them 
for  their  support  and  maintenance :  And  no  person,  of  any  one  particu- 
lar religious  sect  or  denomination,  shall  ever  be  compelled  to  pay  to- 
wards the  support  of  the  teacher  or  teachers  of  another  persuasion,  sect, 
or  denomination. 

And  every  denomination  of  Christians,  demeaning  themselves  quietly, 
and  as  good  citizens  of  the  state,  shall  be  equally  under  the  protection  of 
the  law  :  and  no  subordination  of  any  one  sect  or  denomination  to  an- 
other, shall  ever  be  established  by  law. 

And  nothing  herein  shall  be  understood  to  affect  any  former  contracts 
made  for  the  support  of  the  ministry  ;  but  all  such  contracts  shall  re- 
main, and  be  in  the  same  state,  as  if  this  constitution  had  not  been 
made. 

7.  The  people  of  this  state  have  the  sole  and  exclusive  right  of  go- 
verning themselves  as  a  free,  sovereign,  and  independent  state  ;  and  do, 
and  for  ever  hereafter  shall,  exercise  and  enjoy  every  power,  jurisdiction, 
and  right,  pertaining  thereto,  which  is  not,  or  may  not  hereafter  be,  by 
them  expressly  delegated  to  the  United  States  of  America  in  congress 
assembled. 

8.  All  power  residing  originally  in,  and  being  derived  from  the  peo- 


64  CONSTITUTION    OF 

pie,  all  the  magistrates  and  officers  of  government  are  their  suhstitutes 
and  agents,  and  at  all  times  accountable  to  them. 

9.  No  officer  or  place  whatsoever,  in  government,  shall  be  hereditary 
— the  ability  and  integrity  requisite  in  all  not  being  transmissible  to 
Bosterity  or  relations. 

10.  Government  being  instituted  for  the  common  benefit,  protection, 
and  security  of  the  whole  community,  and  not  for  the  private  interest 
or  emolument  of  any  one  man,  family,  or  class  of  men  ;  therefore, 
whenever  the  ends  of  the  government  are  perverted,  or  public  liberty 
manifestly  endangered,  and  all  other  means  of  redress  are  incffiectual, 
the  people  may,  and  of  right  ought  to,  reform  the  old,  or  establish  a 
new  government.  The  doctrine  of  non-resistance  against  arbitrary 
power  and  oppression,  is  absurd,  slavish,  and  destructive  of  the  good 
and  happiness  of  mankind. 

11.  All  elections  ought  to  be  free,  and  every  inhabitant  of  the  state, 
ha\-ing  the  proper  qualifications,  has  an  equal  right  to  elect,  and  be  elect- 
ed, into  office. 

12.  Every  member  of  the  community  has  a  right  to  be  protected  by 
it,  in  the  enjoyment  of  his  life,  liberty,  and  property ;  he  is  therefore 
bound  to  contribute  his  share  to  the  expense  of  such  protection,  and  lo 
yield  his  personal  service  when  necessary,  or  an  equivalent.  But  no 
part  of  a  man's  property  shall  be  taken  from  him,  or  applied  to  public 
uses,  without  his  own  consent,  or  that  of  the  representative  body  of  the 
people.  Nor  are  the  inhabitants  of  this  state  controllable  by  any  other 
laws  than  those  to  which  they,  or  their  representative  body,  have  given 
their  consent. 

13.  No  person  who  is  conscientiously  scrupulous  about  the  lawful- 
ness of  bearing  arms,  shall  be  compelled  thereto,  provided  he  will  pay 
an  equivalent. 

14.  Every  citizen  of  this  state  is  entitled  to  a  certain  remedy,  by  having 
recourse  to  the  laws,  for  all  injuries  he  may  receive  in  his  person,  pro- 
perty, or  character ;  to  obtain  right  and  justice  freely,  without  being 
obliged  to  purchase  it ;  completely,  and  without  denial,  promptly,  and 
without  delay,  conformable  to  the  laws. 

15.  No  person  shall  be  held  to  answer  for  any  crime  or  offence,  until 
the  same  is  fully  and  plainly,  substantially,  and  formally,  described  to 
him :  nor  be  compelled  to  accuse  or  furnish  evidence  against  himself. 
And  every  person  shall  have  a  right  to  produce  all  proofs  that  may  be 
favourable  to  himself;  to  meet  the  witnesses  against  him  face  to  face  ;  and 
to  be  fully  heard  in  his  defence,  by  himself  and  counsel.  And  no  per- 
son shall  be  arrested,  imprisoned,  despoiled,  or  deprived  of  his  property, 
immunities,  or  privileges,  put  out  of  the  protection  of  the  law,  exiled, 
or  deprived  of  his  life,  liberty,  or  estate,  but  by  the  judgment  of  his 
peers,  or  the  law  of  the  land. 

16.  No  person  shall  be  liable  to  be  tried,  after  an  acquittal,  for  the 
same  crime  or  offence.  Nor  shall  the  legislature  make  any  law  that 
shall  subject  any  person  to  a  capital  punishment,  (excepting  for  the  go- 
vernment of  the  army  and  na'^'y,  and  the  militia  in  actual  service,)  with- 
out trial  by  jury. 

17.  In  criminal  prosecutions,  the  trial  of  focts,  in  the  vicinity  where 
they  happen,  is  so  essential  to  the  security  of  the  life,  liberty,  and  estate, 


NEW   HAMPSHIRE.  65 

of  the  citizens,  that  no  crime  or  offence  ought  to  be  tried  in  any  other 
county  than  that  m  which  it  is  committed,  except  in  cases  of  general 
insurrection  in  any  particular  county,  when  it  shall  appear  to  the  judges 
of  the  superior  courts  that  an  impartial  trial  •^.annot  be  had  in  the  county 
where  the  offence  may  be  committed,  and  upon  their  report  the  legisla- 
ture shall  think  proper  to  direct  the  trial  in  the  nearest  county  in  which 
an  impartial  trial  can  be  obtained. 

18.  All  penalties  ought  to  be  proportioned  to  the  nature  of  the  of- 
fence. No  wise  legislature  will  affix  the  same  punishment  to  the  crimes 
of  theft,  forgery,  and  the  like,  which  they  do  to  those  of  murder  and 
treason.  Where  the  same  undistinguished  severity  is  exerted  against 
all  offences,  the  people  are  led  to  forget  the  real  distinction  in  the  crimes 
themselves,  and  to  commit  the  most  flagrant  with  as  little  compunction 
as  they  do  the  lightest  offences.  For  the  same  reason,  a  multitude  of 
sanguinary  laws  is  both  impolitic  and  unjust.  The  true  design  of  all 
punishments  being  to  reform,  not  to  exterminate,  mankind. 

19.  Every  person  hath  a  right  to  be  secure  from  all  unreasonable 
searches  and  seizures  of  his  person,  his  houses,  his  papers,  and  all  his 
possessions.  Therefore,  all  warrants  to  search  suspected  places,  or  ar- 
rest a  person  for  examination  or  trial,  in  prosecution  for  criminal  mat- 
ters, are  contrary  to  this  right,  if  the  cause  or  foundation  of  them  be  not 
previously  supported  by  oath  or  affirmation  ;  and  if  the  order  in  a  war- 
rant of  a  civil  officer,  to  make  search  in  suspected  places,  or  to  arrest  one 
or  more  suspected  persons,  or  to  seize  their  property,  be  not  accompanied 
with  a  special  designation  of  the  persons  or  objects  of  search,  arrest,  or 
seizure ;  and  no  warrant  ought  to  be  issued,  but  in  cases,  and  with  the 
formalities,  prescribed  by  law. 

20.  In  all  controversies  concerning  property,  and  in  all  suits  between 
two  or  more  persons,  excepting  in  cases  wherein  it  hath  been  heretofore 
otherwise  used  and  practised,  the  parties  have  a  right  to  a  trial  by  jury  ; 
and  this  right  shall  be  deemed  sacred  and  inviolable  ;  but  the  legislature 
may,  by  the  constitution,  be  empowered  to  make  such  regulations  as 
will  prevent  parties  from  having  as  many  trials  by  jury,  in  the  same 
suit  or  action,  as  hath  been  heretofore  allowed  and  practised,  and  to 
extend  the  civil  jurisdiction  of  justices  of  the  peace  to  the  trials  of  suits 
where  the  sum  demanded  in  damages  doth  not  exceed  four  pounds, 
saving  the  right  of  appeal  to  either  party.  But  no  such  regulations 
shall  take  away  the  right  of  trial  by  jury,  in  any  case  not  in  this  article 
before  excepted,  unless  in  cases  respecting  mariners'  wages. 

21.  In  order  to  reap  the  fullest  advantage  of  the  inestimable  privilege 
of  the  trial  by  jury,  great  care  ought  to  be  taken  that  none  but  qualified 
persons  should  be  appointed  to  serve  ;  and  such  ought  to  be  fully  com- 
pensated for  their  travel,  time,  and  attendance. 

22.  The  liberty  of  the  press  is  essential  to  the  security  of  freedom  in 
a  state  ;  it  ought,  therefore,  to  be  inviolably  preserved. 

23.  Retrospective  laws  are  highly  injurious,  oppressive,  and  unjust. 
No  such  laws,  therefore,  should  be  made,  either  for  the  decision  of  civil 
causes,  or  the  punishment  of  offences. 

24.  A  well  regulated  militia  is  the  proper,  natural,  and  sure  defence  of 
a  state. 

25.  Standing  armies  are  dangerous  to  liberty,  and  ought  not  to  bo 
raised,  or  kept  up,  without  the  consent  of  the  legislature. 

F  2 


66  CONSTITUTION    OF 

26.  In  all  cases,  and  at  all  times,  the  military  ought  to  be  under  strict 
subordination  to,  and  governed  by  the  civil  power. 

27.  No  soldier,  in  time  of  peace,  shall  be  quartered  in  any  house, 
without  the  consent  of  the  owner ;  and  in  time  of  war,  such  quarters 
ought  not  to  be  made  but  by  the  civil  magistrate,  in  a  manner  ordained 
by  the  legislature. 

28.  No  subsidy,  charge,  tax,  impost,  or  duty  shall  be  established,  fixed 
laid,  or  levied,  under  any  pretext  whatsoever,  without  the  consent  of  the 
people,  or  their  representatives  in  the  legislature,  or  authority  derived 
from  that  body. 

29.  The  power  of  suspending  the  laws,  or  the  execution  of  them,  ought 
never  to  be  exercised  but  by  the  legislature,  or  by  authority  derived 
therefrom,  to  be  exercised  in  such  particular  cases  only  as  the  legislature 
shall  expressly  provide  for. 

30.  The  freedom  of  deliberation,  speech,  and  debate,  in  either  house 
of  the  legislature,  is  so  essential  to  the  rights  of  the  people,  that  it  can- 
not be  the  foundation  of  any  action,  complaint,  or  prosecution,  in  any 
other  court  or  place  whatsoever. 

31.  The  legislature  shall  assenible  for  the  redress  of  public  gr'ev- 
ances,  and  for  making  such  laws  as  the  public  good  ma)-  require. 

32.  The  people  have  a  right,  in  an  orderly  and  peaceable  manner,  to 
assemble  and  consult  upon  the  public  good,  give  instructions  to  their 
representatives,  and  to  request  of  the  legislative  body,  by  way  of  petition 
or  remonstrcince,  redress  of  the  WTongs  done  them,  and  of  the  grievances 
they  suffer. 

33.  No  magistrate  or  court  of  law  shall  demand  excessive  bail  or 
sureties,  impose  excessive  fines,  or  inflict  cruel  or  unusual  punish- 
ments. 

34.  No  person  can,  in  any  case,  be  subjected  to  law  martial,  or  to  any 
pains  or  penalties  by  virtue  of  that  law,  except  those  employed  in  the 
army  or  navy,  and  except  the  militia  in  actual  service,  but  by  authority 
of  the  legislature. 

35.  It  is  essential  to  the  preservation  of  the  rights  of  every  indi\ndual, 
his  life,  liberty,  property,  and  character,  that  there  be  an  impartial  inter- 
pretation of  the  laws  and  administration  of  justice.  It  is  the  right  of 
every  citizen  to  be  tried  by  judges  as  impartial  as  the  lot  of  humanity 
will  admit.  It  is  therefore  not  only  the  best  policy,  but  for  the  security 
of  the  rights  of  the  people,  that  the  judges  of  the  supreme  judicial  court 
should  hold  their  offices  so  long  as  they  behave  well ;  subject,  however, 
to  such  limitations,  on  account  of  age,  as  may  be  provided  by  the  consti- 
tution of  the  state  :  and  that  they  should  have  honourable  salaries,  ascer- 
tained and  established  by  standing  laws. 

36.  Economy  being  a  most  essential  virtue  in  all  states,  especially  in 
a  young  one,  no  pension  shall  be  granted  but  in  consideration  of  actual 
services ;  and  such  pensions  ought  to  be  granted  with  great  caution  by 
the  legislature,  and  never  for  more  than  one  year  at  a  time. 

37.  In  the  government  of  this  state,  the  three  essential  powers  thereof, 
to  wit,  the  legislative,  executive,  and  judicial,  ought  to  be  kept  as  sepa- 
rate from,  and  independent  of,  each  other,  as  the  nature  of  a  free  govern- 
ment will  admit,  or  as  is  consistent  with  that  chain  of  connexion  that 
binds  the  whole  fabric  of  the  constitution  in  one  indissoluble  bond  of 
unity  and  amity.  ^ 


NEW   HAMPSHIRE.  67 

38.  A  frequent  recurrence  to  the  fundamental  principles  of  the  con- 
stitution, and  a  constant  adherence  to  justice,  moderation,  temperance, 
industry,  frugality,  and  all  the  social  virtues,  are  indispensably  necessary 
to  preserve  the  blessings  of  liberty  and  good  government ;  the  people 
ought,  therefore,  to  have  a  particular  regard  to  all  those  principles  in  the 
choice  of  their  otlicers  u»xid  representatives  :  And  thej  have  a  right  to  re- 
quire of  their  lawgivers  and  magistrates  an  exact  and  constant  observance 
of  them  in  the  formation  and  execution  of  the  laws  necessary  for  the  good 
administration  of  the  government. 

PART  n. 

Form  of  Government. 

T  he  people  inhabiting  the  territory  formerly  called  the  province  of 
New  Hampshire,  do  hereby  solemnly  and  mutually  agree  with  each 
other  to  form  themselves  into  a  free,  sovereign,  and  independent  body 
politic,  or  state,  by  the  name  of  the  State  of  JS'eiv  Hampshire. 

General  Court. 

The  supreme  legislative  power,  within  this  state,  shall  be  vested  in  the 
senate  and  house  of  representatives,  each  of  which  shall  have  a  negative 
on  the  other. 

The  senate  and  house  shall  assemble  every  year  on  the  first  Wednes- 
day in  June — and  at  such  other  times  as  they  may  judge  necessary  ; 
and  shall  dissolve,  and  be  dissolved,  seven  days  next  preceding  the  said 
first  Wednesday  in  June ;  and  shall  be  styled  The  General  Court  of 
JVfew  Hampshire. 

The  general  court  shall  for  ever  have  full  power  and  authority  to 
erect  and  constitute  judicatories  and  courts  of  record,  or  other  courts,  to 
be  holden  in  the  name  of  the  state,  for  the  hearing,  trying,  and  deter- 
mining all  manner  of  crimes,  offences,  pleas,  processes,  plaints,  actions, 
causes,  matters,  and  things  whatsoever,  arising  or  happening  within  this 
state,  or  between  or  concerning  persons  inhabiring  or  residing,  or 
brought  within  the  same,  whether  the  same  be  criminal  or  civil,  or 
whether  the  crimes  be  capital  or  not  capital,  and  whether  the  said  pleas 
be  real,  personal,  or  mixed  ;  and  for  awarding  and  issuing  execution 
thereon.  To  which  courts  and  judicatories,  are  hereby  given  and 
granted,  full  power  and  authority,  from  time  to  time,  to  administer  oaths 
or  affirmations,  for  the  better  discovery  of  truth  in  any  matter  in  contro- 
versy, or  depending  before  them. 

And  farther,  full  power  and  authority  are  hereby  given  and  granted 
to  the  said  general  court,  from  time  to  time,  to  make,  ordain,  and  estab- 
lish all  manner  of  wholesome  and  reasonable  orders,  laws,  statutes,  ordi- 
.  nances,  directions,  and  instructions,  either  with  penalties  or  without,  so 
as  the  same  be  not  repugnant  or  contrary  to  this  constitution,  as  they 
may  judge  for  the  benefit  and  welfare  of  this  state,  and  for  the  governing 
and  ordering  thereof,  and  of  the  citizens  of  the  same,  for  the  necessary 
support  and  defence  of  the  government  thereof ;  and  to  name  and  settle 
annually,  or  provide  by  fixed  laws  for  the  naming  and  settling  all  civil 
officers  within  this  state  ;  such  officers  excepted,  the  election  and  ap- 
pointment of  whom  are  hereafter  in  this  form  of  government  otherwise 


68  CONSTITUTION    OF 

provided  for ;  and  to  set  forth  the  several  duties,  powers,  and  limits  of 
the  several  civil  and  military  officers  of  this  state,  and  the  fonns  of  such 
oaths  or  affirmations  as  shall  be  respectively  administered  unto  them,  for 
\he  execution  of  their  several  offices  and  places,  so  as  the  same  be  not 
repugnant  or  contrary  to  this  constitution ;  and  also  to  impose  fmes, 
mulcts,  imprisonments,  and  other  punishments ;  and  to  impose  and  levy 
proportional  and  reasonable  assessments,  rates,  and  taxes  upon  all  the 
inhabitants  of,  and  residents  within,  the  said  state ;  and  upon  all  estates 
within  the  same ;  to  be  issued  and  disposed  of  by  warrant,  under  the 
hand  of  the  governor  of  this  state  for  the  time  being,  with  the  advice 
and  consent  of  the  council,  for  the  public  service,  in  the  necessary  de- 
fence and  support  of  the  government  of  this  state,  and  the  protection  and 
preserv'ation  of  the  citizens  thereof,  according  to  such  arts  as  are,  or 
shall  be,  in  force  within  the  same. 

And  while  the  public  charges  of  government,  or  any  part  thereof, 
shall  be  assessed  on  polls  and  estates  in  the  manner  that  has  been  here- 
tofore practised,  in  order  that  such  assessments  may  be  made  with  equal- 
ity, there  shall  be  a  valuation  of  the  estates,  within  the  state,  taken 
anew  once  in  every  five  years  at  least,  and  as  much  oftener  as  the  gene- 
ral court  shall  order. 

No  member  of  the  general  court  shall  take  fees,  be  of  counsel  or  act 
as  advocate,  in  any  cause  before  either  branch  of  the  legislature  ;  and 
upon  due  proof  thereof,  such  member  shall  forfeit  his  seat  in  Uie  legis- 
lature. 

The  doors  of  the  galleries  of  each  house  of  the  legislature  shall  be  kept 
open  to  all  persons  who  behave  decently,  except  w^hen  the  welfare  of  the 
state,  in  the  opinion  of  either  branch,  shall  require  secrecy. 

Senate, 

The  senate  shall  consist  of  twelve  members,  who  shall  hold  their 
offices  for  one  year,  from  the  first  Wednesday  in  June  next  ensuing  their 
election. 

And  that  the  state  may  be  equally  represented  in  the  senate,  the  legis- 
lature shall,  from  time  to  time,  divide  the  state  into  twelve  districts,  as 
nearly  equal  as  may  be  without  dividing  towns  and  unincorporated 
places  ;  and  in  making  this  division,  they  shall  govern  themselves  by 
the  proportion  of  public  taxes  paid  by  the  said  districts,  and  timely  make 
known  to  the  inhabitants  of  the  state  the  limits  of  each  district. 

;The  freeholders  and  other  inhabitants  of  each  district,  qualified  as  in 
this  constitution  is  provided,  shall  annually  give  in  their  votes  for  a  sena- 
tor, at  some  meeting  holden  in  the  month  of  March. 

The  senate  sliall  be  the  first  branch  of  the  legislature :  and  the  sena- 
tors shall  be  chosen  in  the  following  manner,  viz.  Every  male  inhabitant 
of  each  town,  and  parish  with  town  privileges,  and  places  unincorpo- 
rated, in  this  state,  of  twenty-one  years  of  age  and  upwards,  excepting 
paupers,  and  persons  excused  from  paying  taxes  at  their  own  request, 
shall  have  a  right  at  the  annual  or  other  meetings  of  the  inhabitants  of 
said  towns  and  parishes,  to  be  duly  warned  and  holden  anniially  for 
ever  in  the  month  of  March,  to  vote  in  the  town  or  j^^rish  wherein  be 
dwells,  for  the  senators  of  the  county  or  district  whereof  he  is  a  mem- 
ber. 

Provided,  nevertheless.  That  no  person  shall  be  capable  of  being 


NEW  HAMPSHIRE.  69 

elected  a  senator,  who  is  not  seized  of  a  freehold  estate,  in  bJs  own  right, 
of  the  value  of  two  hundred  pounds,  lying  within  this  state,  w-ho  is  not 
of  the  age  of  thirty  years,  and  who  shall  not  have  heen  an  inhabitant 
of  this  state  for  seven  years  immediately  preceding  his  election,  and  at 
the  time  thereof  he  shall  be  an  inhabitant  of  the  district  for  which  he 
shall  be  chosen. 

And  every  person,  qualified  as  the  constitution  provides,  shall  be  con- 
sidered an  inhabitant  for  the  purpose  of  electing  and  being  elected  into 
any  ollice  or  place  within  this  state,  in  the  town,  parish,  and  plantation 
where  he  dwelleth,  and  hath  his  home. 

And  the  inhabitants  of  plantations  and  places  unincorporated,  quali- 
fied as  this  constitution  provides,  who  arc  or  shall  be  required  to  assess 
taxes  upon  themselves  towards  the  support  of  government,  or  shall  be 
taxed  therefor,  shall  have  the  same  privilege  of  voting  for  senators  in  the 
plantations  and  places  wherein  they  reside,  as  the  inhabitants  of  the 
respective  towns  and  parishes  aforesaid  have.  And  the  meeting  of  such 
plantations  and  places  for  that  purpose  shall  be  holden  annually,  in  the 
month  of  March,  at  such  places  respectively  therein  as  the  assessors 
thereof  shall  direct ;  which  assessors  shall  have  like  authority  for  noti- 
fying the  electors,  collecting  and  returning  the  votes,  as  the  selectmen 
and  town  clerks  have  in  their  several  towns  by  this  constitution. 

The  meetings  for  the  choice  of  governor,  council,  and  senators  shall  be 
warned,  by  warrant,  from  the  selectmen,  and  governed  by  a  moderator, 
who  shall,  in  the  presence  of  the  selectmen,  (whose  duty  it  shall  be  to 
attend,)  in  open  meeting,  receive  the  votes  of  all  the  inhabitants  of  such 
towns  and  parishes  present,  and  qualified  to  vote  for  senators  ;  and  shall, 
in  said  meetings,  in  presence  of  the  said  selectmen,  and  of  the  town 
clerk,  in  said  meeting,  sort  and  count  the  said  votes,  and  make  a  pubUc 
declaration  thereof,  with  the  name  of  every  person  voted  for,  and  the 
number  of  votes  for  each  person  :  and  the  town  clerk  shall  make  a  fair 
record  of  the  same  at  large,  in  the  town  book,  and  shall  make  out  a  fair 
attested  copy  thereof,  to  be  by  him  sealed  up,  and  directed  to  the  secre- 
tary of  the  state,  with  a  superscription,  expressing  the  purport  thereof : 
and  the  said  town  clerk  shall  cause  such  attested  copy  to  be  delivered  to 
the  sheriff  of  the  county  in  which  such  town  or  parish  shall  lie,  forty 
days  at  least  before  the  first  Wednesday  in  June  ;  or  to  the  secretary  of 
the  state  at  least  thirty  days  before  the  said  first  Wednesday  in  June, 
and  the  sheriff  of  each  county,  or  his  deputy,  shall  deliver  all  such  cer- 
tificates by  him  received,  into  the  secretary's  office,  at  least  thirty  days 
before  the  first  Wednesday  in  June. 

And  that  there  may  be  a  due  meeting  of  senators  on  the  first  Wed- 
nesday in  June  annually,  the  governor  and  the  majority  of  the  council 
for  the  time  being,  shall,  as  soon  as  may  be,  examine  the  returned  copies 
of  such  records,  and,  fourteen  days  before  the  said  first  Wednesday  in 
June,  he  shall  issue  his  summons  to  such  persons  as  a]:)pear  to  be  chosen 
senators  by  a  majority  of  votes,  to  attend  and  take  their  seats  on  that 
lay. 

Provided,  nevertheless,  That  for  the  first  year,  the  said  returned  co- 
pies shall  be  examined  by  tlie  president  and  a  majority  of  the  council 
then  in  office :  And  the  said  president  shall,  in  like  manner,  notify  the 
persons  elected,  to  attend  and  take  their  seats  accordingly. 

And  in  case  there  shall  not  appear  to  be  a  senator  elected  by  a  majo- 


70  CONSTITUTION   OF 

rity  of  votes,  for  any  district,  the  deficiency  shall  be  supplied  in  the  fol- 
lowing manner,  viz.  The  members  of  the  house  of  representatives,  and 
sucn  senators  as  shall  be  declared  elected,  shall  take  the  names  of  the 
two  persons  having  the  highest  number  of  votes  in  the  district,  and  out 
of  them  shall  elect  by  joint  ballot  the  senator  wanted  for  such  district ; 
and  in  this  manner  all  such  vacancies  shall  be  filled  up  in  every  district 
of  the  state  ;  and  in  like  manner  all  vacancies  in  the  senate,  arising  by 
•ieath,  removal  out  of  the  state,  or  otherAvise,  shall  be  supplied  as  soon  as 
may  be  after  such  vacancies  happen. 

The  senate  shall  be  final  judges  of  the  elections,  returns,  and  qualifi- 
cations of  their  own  members,  as  pointed  out  in  this  constitution. 

The  senate  shall  have  power  to  adjourn  themselves,  provided  such 
adjournment -do  not  exceed  two  days  at  a  time. 

Provided,  nevertheless,  That  whenever  they  shall  sit  on  the  trial  of 
any  impeachment,  they  may  adjourn  to  such  time  and  place  as  they 
may  think  proper,  although  the  legislature  be  not  assembled  on  such  day 
or  at  such  place. 

The  senate  shall  appoint  their  president  and  other  officers,  and  deter- 
mine their  own  rules  of  proceedings  :  and  not  less  than  seven  members 
of  this  senate  shall  make  a  quorum  for  doing  business :  and  when  less 
than  eight  senators  shall  be  present,  the  assent  of  five  at  least  shall  be 
necessary  to  render  their  acts  and  proceedings  valid. 

The  senate  shall  be  a  court,  with  full  power  and  authority  to  hear, 
try,  and  determine,  all  impeachments  made  by  the  house  of  representa- 
tives against  any  officer  or  officers  of  the  state,  for  bribery,  corruption, 
malpractice,  or  maladministration,  in  office :  with  full  power  to  issue 
summons,  or  compulsory  process,  for  convening  witnesses  before  them, 
with  all  necessary  powers  incident  to  a  court  of  trials  ;  but,  previous  to 
the  trial  of  any  such  impeachment,  the  members  of  the  senate  shall  be 
respectively  sworn  truly  and  impartially  to  try  and  determine  the  charge 
and  question,  according  to  evidence.  And  every  officer,  impeached  for 
bribery,  corruption,  malpractice,  or  maladministration  in  office,  shall  be 
served  with  an  attested  copy  of  the  impeachment,  and  order  of  the  senate 
thereon,  with  such  citation  as  the  senate  may  direct,  setting  forth  the 
time  and  place  of  their  sitting  to  try  the  impeachment ;  which  service 
shall  be  made  by  the  sheriff,  or  such  other  sworn  officer  as  the  senate 
may  appoint,  at  least  fourteen  days  previous  to  the  time  of  trial ;  and 
such  citation  being  duly  served  and  returned,  the  senate  may  proceed  in 
hearing  of  the  impeachment,  giving  the  person  impeached,  if  he  shall 
appear,  full  liberty  of  producing  witnesses  and  proofs,  and  of  making 
his  defence,  by  himself  and  counsel ;  and  may,  also,  upon  his  refusing 
or  neglecting  to  appear,  hear  the  proofs  in  support  of  the  impeachment, 
and  render  judgment  thereon,  his  nonappearance  notwithstanding  ;  and 
such  judgment  shall  have  the  same  force  and  effect  as  if  the  person  im- 
peached had  appeared  and  pleaded  in  the  trial.  Their  judgment,  how- 
ever, shall  not  extend  further  than  removal  from  office,  disqualification 
ro  hold  or  enjoy  any  place  of  honour,  trust,  or  profit  under  this  state  ; 
but  the  party  so  convicted  shall  nevertheless  be  liable  to  indictment, 
trial,  judgment,  and  punishment  according  to  the  laws  of  the  land. 

Whenever  the  governor  shall  be  impeached,  the  chief  justice  of  the 
supreme  judicial  court  shall,  during  the  trial,  preside  in  the  senate,  but 
have  no  vote  therein. 


NEW   HAMPSHIRE.  71 

Ihuse  of  Representatives.         ^ 

There  shall  be,  in  the  legislature  of  this  state,  a  representation  of  the 
people,  annually  elected,  and  founded  upon  principles  of  equality  ;  and 
in  order  that  such  representation  may  be  as  equal  as  circumstances  will 
admit,  every  town,  parish,  or  place,  entitled  to  town  privileges,  having 
one  hundred  and  fifty  ratable  male  polls,  of  twenty-one  years  of  age, 
and  upwards,  may  elect  one  representative:  if  four  hundred  and  fifty 
ratable  male  polls,  may  elect  two  representatives  ;  and  so  proceeding,  in 
that  proportion,  make  three  hundred  such  ratable  polls,  the  mean  of  in- 
creasing number,  for  every  additional  representative. 

Such  towns,  parishes,  or  places,  as  have  less  than  one  hundred  and 
fifty  ratable  polls,  shall  be  classed  by  the  general  assembly,  for  the  pur- 
pose of  choosing  a  representative,  and  seasonably  notified  thereof.  And 
in  every  class  formed  for  the  above-mentioned  purpose,  the  first  annual 
meeting  shall  be  held  in  the  town,  parish,  or  place  wherein  most  of  the 
ratable  polls  reside ;  and  afterwards  in  that  which  has  the  next  highest 
number ;  and  so  on,  annually,  by  rotation,  through  the  several  towns, 
parishes,  or  places  forming  the  district. 

Whenever  any  town,  parish,  or  place,  entitled  to  town  privileges,  as 
aforesaid,  shall  not  have  one  hundred  and  fifty  ratable  polls,  and  be  so 
situated  as  to  render  the  classing  thereof  with  any  other  town,  parish, 
or  place  very  inconvenient ;  the  general  assembly  may,  upon  application 
of  a  majority  of  the  votes  of  such  town,  parish,  or  place,  issue  a  writ 
for  their  selecting  and  sending  a  representative  to  the  general  court. 

The  members  of  the  house  of  representatives  shall  be  chosen  annually, 
in  the  month  of  March,  and  shall  be  the  second  branch  of  the  legisla- 
ture. 

All  persons  qualified  to  vote  in  the  election  of  senators  shall  be  entitled 
to  vote,  within  the  district  where  they  dwell,  in  the  choice  of  representa- 
tives. Every  member  of  the  house  of  representatives  shall  be  chosen  by 
ballot ;  and  for  two  years  at  least  next  preceding  his  election,  shall  have 
been  an  inhabitant  of  this  state  ;  shall  have  an  estate  within  the  district 
which  he  may  be  chosen  to  represent,  of  the  value  of  one  hundred 
pounds,  one-half  of  which  to  be  a  freehold,  whereof  he  is  seized  in  his 
own  right ;  shall  be,  at  the  time  of  his  election,  an  inhabitant  of  the 
district  he  may  be  chosen  to  represent,  and  shall  cease  to  represent  such 
district  immediately  on  his  ceasing  to  be  qualified  as  aforesaid. 

The  members  of  both  houses  of  the  legislature  shall  be  compensated 
for  their  services  out  of  the  treasury  of  the  state,  by  a  law  made  for  that 
purpose  ;  such  members  attending  seasonably,  and  not  departing  without 
license.  All  intermediate  vacancies,  in  the  house  of  representatives, 
may  be  filled  up  from  time  to  time,  in  the  same  manner  as  annual  elec- 
tions are  made. 

The  house  of  representatives  shall  be  the  grand  inquest  of  the  state 
and  all  impeachments  made  by  them  shall  be  heard  and  tried  by  the 
senate. 

All  money-bills  shall  originate  in  the  house  of  representatives  ;  but 
he  senate  may  propose  or  concur  with  amendments,  as  oii  other  bills. 

The  house  of  representatives  shall  have  the  power  to  adjourn  them 
selves,  but  no  longer  than  two  days  at  a  time. 

A  majority  of  the  members  of  the  house  of  representatives  shall  be 


72  CONSTITUTION   OF 

a  quorum  for  doing  business :  but  when  less  than  two-thirds  of  the 
house  of  representatives  elected  shall  be  present,  the  assent  of  two-thirds 
of  those  members  shall  be  necessary  to  render  their  acts  and  proceed- 
ings valid. 

No  member  of  the  house  of  representatives  or  senate  shall  be  arrested 
or  held  to  bail,  on  mesne  process,  during  his  going  to,  return  from,  or 
attendance  upon  the  court. 

The  house  of  representatives  shall  choose  their  own  speaker,  appoint 
their  own  officers,  and  settle  the  rules  of  proceedings  in  their  own 
house  ;  and  shall  be  judge  of  the  return,  elections,  and  qualifications  of 
its  members,  as  pointed  out  in  this  constitution.  They  shall  have 
authority  to  punish,  by  imprisonment,  every  person  who  shall  be  guilty 
of  disrespect  to  the  house  in  its  presence,  by  any  disorderly  and  con- 
temptuous behaviour,  or  by  threatening  or  ill  treating  any  of  its  mem- 
bers ;  or  by  obstructing  its  deliberations  ;  every  person  guilty  of  a  breach 
of  its  privileges,  in  making  arrests  for  debt,  or  by  assaulting  any  member 
during  his  attendance  at  any  session  ;  in  assaulting  or  disturbing  any 
one  of  its  officers  in  the  execution  of  any  order  or  procedure  of  the 
house ;  in  assaulting  any  witness  or  other  person  ordered  to  attend  by, 
and  during  his  attendance  on,  the  house,  or  m  rescuing  any  person 
arrested  by  order  of  the  house,  knowing  them  to  be  such.  The  sen- 
ate, governor,  and  council  shall  have  the  same  powers  in  like  cases : 
provided  that  no  imprisonment  by  either  for  any  offence  exceed  teik 
days. 

The  journal  of  the  proceedings,  and  all  the  public  acts  of  both  houses 
of  the  legislature,  shall  be  printed  and  published  immediately  after  every 
adjournment  or  prorogation  ;  and  upon  motion  made  by  any  one  mem- 
ber, the  yeas  and  nays  upon  any  question  shall  be  entered  in  the  jour- 
nals :  and  any  member  of  the  senate  or  house  of  representatives  shall 
have  a  right,  on  motion  made  at  the  time  for  that  purpose,  to  have  his 
protest  or  dissent,  with  the  reasons,  against  any  vote,  resolve,  or  bill 
passed,  entered  on  the  journals. 

EXECUTIVE    POWEB. 

Goverjior. 

The  governor  shall  be  chosen  annually,  in  the  month  of  March  ;  and 
the  votes  for  governor  shall  be  received,  counted,  certified,  and  returned 
in  the  same  manner  as  the  votes  for  senators  ;  and  the  secretary  shall 
lay  the  same  before  the  senate  and  house  of  representatives  on  the  first 
Wednesday  in  June,  to  be  by  them  examined  ;  and  in  case  of  an  elec- 
tion by  a  majority  of  votes  through  the  state,  the  choice  shall  be  by 
them  declared  and  published. 

And  the  qualifications  of  electors  of  the  governor  shall  be  the  same 
as  those  for  senators  ;  and  if  no  person  shall  have  a  majority  of  votes, 
the  senate  and  house  of  representatives  shall,  by  joint  ballot,  elect  one 
of  the  two  persons  having  the  highest  number  of  votes,  who  shall  be 
declared  governor. 

And  no  person  shall  be  eligible  to  this  office  unless,  at  the  time  of 
his  election,  he  shall  have  been  an  inhabitant  of  this  state  for  seven 
years  next  preceding,  and  unless  he  shall  be  of  the  age  of  \hirty  years, 
and  unless  he  shall,  at  the  same  time,  have  an  estate  of  the  value  of 


NEW  HAMPSHIRE.  73 

five  hundred  pounds,  one-half  of  which  shall  consist  of  a  freehold,  in 
his  own  right,  within  the  state. 

In  cases  of  disagreement  between  the  two  houses,  with  regard  to  the 
time  or  place  of  adjournment  or  prorogation,  the  governor,  with  advice 
of  council,  shall  have  a  right  to  adjourn  or  prorogue  the  general  court, 
not  exceeding  ninety  days  at  any  one  time,  as  he  may  determine  the 
public  good  maj"^  require,  to  meet  at  the  place  where  tlie  general  court 
shall  be  at  that  time  sitting ;  and  he  shall  dissolve  the  same  seven  days 
before  the  said  first  Wednesday  in  June. 

And,  in  case  of  any  infectious  distemper  prevailing  in  the  place  where 
the  said  court  at  any  time  is  to  convene,  or  any  other  cause  whereby 
dangers  may  arise  to  the  health  or  lives  of  the  members  from  their  at- 
tendance, the  governor  may  direct  the  session  to  be  holden  at  some 
other,  the  most  convenient  place  within  the  state. 

Every  bill  which  shall  have  passed  both  houses  of  the  general  court 
shall,  before  it  become  a  law,  be  presented  to  the  governor  :  if  he  ap- 
prove, he  shall  sign  it ;  but  if  not,  he  shall  return  it,  with  his  objections, 
to  that  house  in  which  it  shall  have  originated,  who  shall  enter  the  ob- 
jections at  large  on  their  journal,  and  proceed  to  reconsider  it ;  if,  after 
such  reconsideration,  two-tliirds  of  that  house  shall  agree  to  pass  the 
bill,  it  shall  be  sent,  together  with  such  objections,  to  the  other  house, 
by  which  it  shall  likewise  be  reconsidered,  and  if  approved  by  two-thirds 
of  that  house,  shall  become  a  law.  But  in  all  such  cases  the  votes  of 
both  houses  shall  be  determined  by  yeas  and  nays,  and  the  names  of  the 
persons  voting  for  or  against  the  bill  shall  be  entered  on  the  journal  of 
each  house  respectively.  If  any  bill  shall  not  be  returned  by  the  go- 
vernor within  five  days  (Si^^ndays  excepted)  after  it  shall  have  been  pre- 
sented to  him,  the  same  shwli  be  a  law,  in  like  manner  as  if  he  had 
signed  it,  unless  the  legislature  by  their  adjournment  prevent  its  return, 
in  which  case  it  shall  not  be  a  laVc 

Every  resolve  shall  be  presented  to  the  governor,  and  before  the  same 
shall  take  effect,  shall  be  approved  by  him,  or  being  disapproved  by  him, 
shall  be  repassed  by  the  senate  and  house  of  representatives,  according 
to  the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 

All  judicial  officers,  the  attorney-general,  solicitors,  all  sheriffs,  coro- 
ners, registers  of  probate,  and  all  officers  of  the  navy,  and  general  and 
field  officers  of  the  militia,  shall  be  nominated  and  appointed  by  the 
governor  and  council ;  and  every  such  nomination  shall  be  made  at 
least  three  days  prior  to  such  appointment ;  and  no  appointment  shall 
take  place,  unless  a  majority  of  the  council  agree  thereto.  The  governor 
and  council  shall  have  a  negative  on  each  other,  both  in  the  nominations 
and  appointments.  Every  nomination  and  appointment  shall  be  signed 
by  the  governor  and  council,  and  every  negative  shall  also  be  signed  by 
the  governor  or  council  who  made  the  same. 

The  captains  and  subalterns,  in  the  respective  regiments,  shall  be 
nominated  by  the  field  officers,  and,  if  approved  by  the  governor,  shall 
be  appointed  by  him. 

Whenever  the  chair  of  the  governor  shall  become  vacant,  by  reason 
of  his  death,  absence  from  the  state,  or  otherwise,  the  president  of  the 
senate  shall,  during  such  vacancy,  have  and  exercise  all  the  powers 
and  authorities  which,  by  this  constitution,  the  governor  is  vested  with, 
when  personally  present ;  but  when  thp  president  of  the  senate  shall 

G 


74  CONSTITUTION    OT 

exercise  the  office  of  governor,  he  shall  not  hold  his  office  in  thfif 
senate. 

The  governor,  with  the  advice  of  council,  shall  have  full  power  and 
authority,  in  the  recess  of  the  general  court,  to  prorogue  the  same  fronj 
time  to  time,  not  exceeding  ninety  days,  in  any  one  recess  of  said  court ; 
and  during  the  session  of  said  court,  to  adjourn  or  prorogue  it  to  any 
time  the  two  houses^  may  desire,  and  to  calf  it  together  sooner  than  the 
time  to  which  it  may  be  adjourned  or  prorogued,  if  the  welfare  of  the 
state  should  require  the  same. 

The  governor  of  this  state  for  the  time  being  shall  be  commander- 
in-chief  of  the  army  and  navy,  and  all  the  military  forces  of  this  state, 
by  sea  and  land ;  and  shall  have  full  power,  by  himself  or  by  any  chief 
commander,  or  other  officer  or  officers,  from  time  to  time,  to  train,  in- 
struct, exercise,  and  govern  the  militia  and  navy ;  and  for  the  special 
defence  and  safety  of  this  state,  to  assemble  in  martial  array,  and  put 
in  warlike  posture,  the  inhabitants  thereof,  and  to  lead  and  conduct 
them,  and  with  them  encounter,  repulse,  repel,  resist,  and  pursue,  by 
force  of  arms,  as  well  by  sea  as  by  land,  within  and  without  the  limits 
of  this  state ;  an(J  also  to  kill,  slay,  destroy  if  necessary,  and  conquer 
by  all  fitting  ways,  enterprise,  and  means,  all  and  every  such  person  and 
persons  as  shall  at  any  time  hereafter  in  a  hostile  manner  attempt  or 
enterprise  the  destruction,  invasion,  detriment,  or  annoyance  of  this 
state ;  and  to  use  and  exercise  over  the  army  and  na^y,  and  over  the 
militia  in  actual  seTvice,  the  law  martial  in  time  of  war,  invasion,  and 
also  in  rebellion,  declared  by  the  legislature  to  exist,  as  occasion  shall 
necessarily  require.  And  surprise,  by  all  ways  and  means  whatsoever, 
all  and  every  such  person  or  persons,  with  their  ships,  arms,  ammuni- 
tion, and  other  goods,  as  shall  in  a  hostile  manner  invade,  or  attempt 
the  invading,  conquering,  or  annoying  this  state :  And,  in  fine,  the 
governor  is  hereby  intrusted  with  all  other  powers  incident  to  the  office 
of  captain-general  and  commander-in-chief,  and  admiral,  to  be  exercised 
agreeably  to  the  rules  and  regulations  of  the  constitution,  and  the  laws 
of  the  land  :  Provided,  that  the  governor  shall  not  at  any  time  here- 
after, by  virtue  of  any  power  by  this  constitution  granted,  or  hereafter 
to  be  granted  to  him  by  the  legislature,  transport  any  of  the  inhabi- 
tants of  this  state,  or  oblige  them  to  march  out  of  the  limits  of  the 
same,  without  their  free  and  voluntary  consent,  or  the  consent  of  the 
general  court,  nor  grant  commissions  for  exercising  the  law  martial  in 
any  case,  without  the  advice  and  consent  of  the  council. 

The  power  of  pardoning  offences,  except  such  persons  as  may  be 
convicted  of  before  the  senate,  by  impeachment  of  the  house,  shall  be 
in  the  governor,  by  and  with  the  advice  of  the  council  :  but  no  char- 
ter of  pardon  granted  by  the  governor,  with  advice  of  council,  before 
conviction,  shall  avail  the  party  pleading  the  same,  notwithstanding  any 
general  and  particular  expressions  contained  therein,  descriptive  of  the 
offence  or  offences  intended  to  be  pardoned. 

No  officer  duly  commissioned  to  command  in  the  militia  shall  be  re- 
moved from  his  office,  but  by  the  address  of  both  houses  to  the  go 
vemor,  or  by  fair  trial  in  court-martial,  pursuant  to  the  laws  of  the  state 
for  the  time  being. 

The  commandmg  officers  of  the  regiments  shall  appoint  their  adju- 
tants  and    quartermasters ;   the  brigadiers,  their   brigade-majors ;   the 


NEW   HAMPSHIRE.  75 

major-generals,  their  aids ;  the  captains  and  subalterns,  their  non-com- 
missioned officers. 

The  governor  and  council  shall  appoint  all  officers  of  the  continental 
army,  whom,  by  the  confederation  of  the  United  States,  it  is  provided 
that  this  state  shall  appoint :  as  also  all  officers  of  forts  and  garrisons. 

The  division  of  the  militia  into  brigades,  regiments,  and  companies, 
made  in  pursuance  of  the  militia  laws  now  in  force,  shall  be  considered 
as  the  proper  division  of  the  militia  of  this  state,  until  the  same  shall  be 
altered  by  some  future  law. 

No  moneys  shall  be  issued  out  of  the  treasury  of  this  state,  and  dis- 
posed of,  except  such  sums  as  may  be  appropriated  for  the  redemption 
of  bills  of  credit,  or  treasurer's  notes,  or  for  the  payment  of  interest 
arising  thereon,  by  warrant  under  the  hand  of  the  governor  for  the  time 
being,  by  and  with  the  advice  and  consent  of  the  council,  for  the  ne 
cessary  support  and  defence  of  this  state,  and  for  the  necessary  pro- 
tection and  preservation  of  the  inhabitants  thereof,  agreeably  to  the  acts 
and  resolves  of  the  general  court. 

All  public  boards,  the  commissary-general,  all  superintending  officers 
of  public  magazines  and  stores,  belonging  to  this  state,  and  all  com- 
manding officers  of  forts  and  garrisons  within  the  same,  shall,  once  in 
every  three  months,  officially  and  without  requisition,  and  at  other  times 
when  required  by  the  governor,  deliver  to  him  an  account  of  all  goods, 
stores,  provisions,  ammunition,  cannon,  with  their  appendages,  and  small 
arms,  with  their  accoutrements,  and  of  all  other  public  property  under 
their  care  respectively ;  distinguishing  the  quantity  and  kind  of  each^ 
as  particularly  as  may  be ;  together  with  the  condition  of  such  forts 
and  garrisons;  and  the  commanding  officer  shall  exhibit  to  the  go- 
vernor, when  required  by  him,  true  and  exact  plans  of  such  forts,  and 
of  the  land  and  sea,  or  harbour  or  harbours  adjacent. 

The  governor  and  council  shall  be  compensated  for  their  services, 
from  time  to  time,  by  such  grants  as  the  general  court  shall  think 
reasonable. 

Permanent  and  honourable  salaries  shall  be  established  by  law  for 
the  justices  of  the  supreme  court. 

Council. 

There  shall  be  annually  elected,  by  ballot,  five  counsellors,  for  advising 
the  governor  in  the  executive  part  of  the  government.  The  freeholders 
and  other  inhabitants  in  each  county,  quaUfied  to  vote  for  senators,  shall, 
some  time  in  the  month  o^  March,  give  in  their  votes  for  one  counsellor ; 
which  votes  shall  he  received,  sorted,  counted,  certified,  and  returned  to 
the  secretary's  office,  in  the  same  manner  as  the  votes  for  senators,  to 
be  by  the  secretary  laid  before  the  senate  and  house  of  representatives 
on  the  first  Wednesday  in  June. 

And  the  person  having  a  majority  of  votes  in  any  county  shall  be 
considered  as  duly  elected  a  counsellor ;  but  if  no  person  shall  have  a 
majorit)^  of  votes  in  any  county,  the  senate  and  house  of  representa-r 
tives  shall  take  the  names  of  the  two  persons  who  have  the  highest 
number  of  votes  in  each  county  and  not  elected,  and  out  of  those  two 
shall  elect,  by  joint  ballot,  the  counsellor  wanted  for  such  county. 

Provided,  nevertheless,  That  no  person  shsJl  be  capable  of  being 
elected  a  counsellor  who  has  not  an  estate  of  the  value  of  five  hundred 


76  CONSTITUTION    OF 

pounds  within  this  state,  thr^  hundred  pounds  of  which  (or  more) 
shall  be  a  freehold  in  his  own  right,  and  who  is  not  thirty  years  of 
age ;  and  who  shall  not  have  been  an  inhabitant  of  tliis  state  for  seven 
years  immediately  preceding  his  election  ;  and  at  the  time  of  his  elec- 
tion an  inhabitant  of  the  county  in  which  he  is  elected. 

The  secretary  shall,  annually,  seventeen  days  before  the  first  Wed 
nesday  in  June,  give  notice  of  the  choice  of  persons  elected. 

If  any  person  shall  be  elected  governor,  or  member  of  cither  branch 
of  the  legislature,  and  shall  not  accept  the  trust ;  or  if  any  person  elect- 
ed a  counsellor  shall  refuse  to  accept  the  office ;  or  in  case  of  the  death, 
resignation,  or  removal  of  any  counsellor  out  of  the  state,  the  governor 
may  issue  a  precept  for  the  election  of  a  new  counsellor  in  that  county 
where  such  vacancy  shall  happen  ;  and  the  choice  shall  be  in  the  same 
manner  as  before  directed  :  and  the  governor  shall  have  full  power  and 
authority  to  convene  the  council,  from  time  to  time,  at  his  discretion  ; 
and,  with  them,  or  the  majority  of  them,  niay,  and  shall,  from  time  to 
time,  hold  a  council,  for  ordering  and  directing  the  affairs  of  the  state 
according  to  the  laws  of  the  land. 

The  members  of  the  council  may  be  impeached  by  the  house,  and 
tried  by  the  senate,  for  bribery,  corruption,  malpractice,  or  malad- 
ministration. 

The  resolutions  and  advice  of  the  council  shall  be  recorded  by  the 
secretary,  in  a  register,  and  signed  by  all  the  members  present  agreeing 
thereto ;  and  this  record  may  be  called  for  at  any  time  by  either  house 
of  the  legislature  ;  and  any  member  of  the  council  may  enter  his  opinion 
contrary  to  the  resolutions  of  the  majority,  with  the  reason  for  such 
opinion. 

The  legislature  may,  if  the  public  good  shall  hereafter  require  it,  di- 
vide the  state  into  five  districts,  as  nearly  equal  as  may  be,  governing 
themselves  by  the  number  of  ratable  polls,  and  proportion  of  public 
taxes  :  each  district  to  elect  a  counsellor ;  and  in  case  of  such  division, 
the  manner  of  the  choice  shall  be  conformable  to  the  present  mode  ol 
election  in  counties. 

And  whereas  the  elections  appointed  to  be  made  by  this  constitution 
on  the  first  Wednesday  of  June  annually,  by  the  two  houses  of  the 
legislature,  may  not  be  completed  on  that  day,  the  said  elections  may  be 
adjourned  from  day  to  day,  imtil  the  same  may  be  completed  ;  and  the 
order  of  the  elections  shall  be  as  follows :  the  vacancies  in  the  senate, 
if  any,  shall  be  first  filled  up ;  the  governor  shall  then  be  elected,  pro- 
vided there  shall  be  no  choice  of  him  by  the  people  ;  and  afterwards  the 
two  houses  shall  proceed  to  fill  up  the  vacancy,  if  any,  in  the  council. 

Secretary,  Treasurer,  Commissary-general,  &c. 

The  secretary,  treasurer,  and  commissary-general  shall  be  chosen  by 
joint  ballot  of  the  senators  and  representatives,  assembled  in  one  room. 

The  records  of  the  state  shall  be  kept  in  the  office  of  the  secretary, 
and  he  shall  attend  the  governor  and  council,  the  senate  and  representa- 
tives, in  person,  or  by  deputy,  as  they  may  require. 

The  secretary  of  the  state  shall,  at  all  times,  have  a  deputy,  to  be  by 
liim  appointed  ;  for  whose  conduct  in  office  he  shall  be  responsible. 
And  in  case  of  the  death,  removal,  or  inability  of  the  secretary,  his 
depu.y  shall  exercise  all  the  duties  of  the  office  of  secretary  of  this  state 


NEW    HAMPSHIRE.  77 

until  another  shall  be  appointed.  The  secretary,  before  he  enters  upon 
Ihe  business  of  his  ofBce,  shall  give  bond,  with  sufficient  sureties,  in  a 
reasonable  sum,  for  the  use  of  the  state,  for  the  punctual  performance  of 
his  trust. 

County  Treasurer,  &c. 

The  county  treasurers,  and  registers  of  deeds,  shall  be  elected  by  the 
inhabitants  of  the  several  towns  in  the  several  counties  in  the  state,  ac- 
cording to  the  method  now  practised,  and  the  laws  of  the  state. 

Provided,  nevertheless.  The  legislature  shall  have  authority  to  alter 
he  manner  of  certifying  the  votes,  and  the  mode  of  electing  those 
officers ;  but  not  so  as  to  deprive  the  people  of  the  right  they  now  have 
of  electing  them. 

And  the  legislature,  on  the  application  of  the  major  part  of  the  in- 
habitants of  any  county,  shall  have  authority  to  divide  the  same  into 
two  districts  for  registering  deeds,  if  to  them  it  shall  appear  necessary  ; 
each  district  to  elect  a  register  of  deeds  :  and  before  they  enter  upon  the 
business  of  their  office,  shall  be  respectively  sworn  faithfully  to  discharge 
the  duties  thereof,  and  shall  severally  give  bonds,  with  sufficient  sureties, 
in  a  reasonable  sura,  for  the  use  of  the  county,  for  the  punctual  per- 
formance of  their  respective  trusts. 

Judiciary  Poiver. 

The  tenure  that  all  commissioned  officers  shall  have  by  law  in  their 
offices,  shall  be  expressed  in  their  respective  commissions — all  judicial 
officers,  duly  appointed,  commissioned,  and  sworn,  shall  hold  their  offices 
during  good  behaviour,  excepting  those  concerning  whom  there  is  a 
diflerent  provision  made  in  this  constitution  ;  Provided,  nevei^theless, 
the  governor,  with  consent  of  council,  may  remove  them  upon  the  ad- 
dress of  both  houses  of  the  legislature. 

Each  branch  of  the  legislature,  as  well  as  the  governor  and  councii, 
shall  have  authority  to  require  the  opinions  of  the  justices  of  the  superior 
court,  upon  important  questions  of  law,  and  upon  solemn  occasions. 

In  order  that  the  people  may  not  suffijr  from  tlie  long  continuance  in 
place  of  any  justice  of  the  peace,  who  shall  fail  in  discharging  the  im- 
portant duties  of  his  office  with  ability  and  fideUty,  all  commissions  of 
justices  of  the  peace  shall  become  void  at  the  expiration  of  five  years 
from  their  respective  dates ;  and  upon  the  expiration  of  any  commission, 
the  same  may,  if  necessary,  be  renewed,  or  another  person  appointed,  as 
shall  most  conduce  to  the  well  being  of  the  state. 

All  causes  of  marriage,  divorce,  and  alimony,  and  all  appeals  from  the 
espective  judges  of  probate,  shall  be  heard  and  tried  by  the  superior 
court  until  the  legislature  shall  by  law  make  other  provisions. 

The  general  court  are  empowered  to  give  to  justices  of  the  peace  ju- 

Isdiction  in  civil  causes,  when  the  damages  demanded  shall  not  exceed 

four  pounds,  and  the  title  of  real  estate  is  not  concerned  ;  but  with  right 

of  appeal  to  either  party,  to  some  other  court,  so  that  a  trial  by  jury  in 

the  last  resort  may  be  had. 

No  person  shall  hold  the  office  of  a  judge  in  any  court,  or  judge  of 
probate,  or  sheriff  of  any  county,  after  he  has  attained  the  age  of  seventy 
years. 

e3 


78  CONSTITUTION    OF 

No  judge  of  any  court,  or  justice  of  the  peace,  shall  act  as  an  attor- 
ney, or  be  of  counsel,  to  any  party,  or  originate  any  civil  suit,  in  matters 
which  shall  come  or  be  brought  before  him  as  judge,  or  justice  of  the 
peace. 

All  matters  relating  to  the  probate  of  wills,  and  granting  letters  of  ad- 
ministration, shall  be  exercised  by  the  judges  of  probate,  in  such  manner 
as  the  legislature  have  directed,  or  may  hereafter  direct ;  and  the  judges 
of  probate  shall  hold  their  courts  at  such  place  or  places,  on  such  fixed 
days  as  the  conveniency  of  the  people  may  require,  and  the  legislature 
from  time  to  time  appoint. 

No  judge  or  register  of  probate,  shall  be  of  council,  act  as  advocate,  or 
receive  any  fees  as  advocate  or  counsel,  in  any  probate  business  which 
is  pending,  or  may  be  brought  into  any  court  of  probate  in  the  county  of 
which  he  is  judge  or  register. 

Clerks  of  Court. 

The  judges  of  the  courts  (those  of  the  probate  excepted)  shall  appoint 
their  respective  clerks,  to  hold  their  office  during  pleasure  ;  and  no  such 
clerks  shall  act  as  an  attorney,  or  be  of  counsel,  in  any  cause  in  the  court 
of  which  he  is  clerk,  nor  shall  he  draw  any  writ  originating  a  civil  ac- 
tion. 

Encouragement  of  Literature,  &c. 

Knowledge  and  learning,  generally  diffused  through  a  community,  b& 
ing  essential  to  the  preservation  of  a  free  government ;  and  spreading 
the  opportunities  and  advantages  of  education  through  the  various  parts 
of  the  country,  being  highly  conducive  to  promote  this  end  :  it  shall  be 
the  duty  of  the  legislators  and  magistrates,  in  all  future  periods  of  this 
government,  to  cherish  the  interests  of  Htcrature  and  the  sciences,  and  all 
seminaries  and  public  schools,  to  encourage  private  and  public  institu 
tions,  rewards,  and  immunities  for  the  promotion  of  agriculture,  arts, 
sciences,  commerce,  trades,  manufactures,  and  natural  history  of  the 
country  ;  to  countenance  and  inculcate  the  principles  of  humanity  and 
general  benevolence,  public  and  private  charity,  industry  and  economy, 
honesty  and  punctuality,  sincerity,  sobriety,  and  all  social  affections  and 
generous  sentiments  among  the  people. 

Oath  and  subscriptions  ;  exclusion  from  offices  ;  commissions  }  -writs} 
confirmation  of  laivs  ;  habeas  corpus  ;  the  enacting  style  ;  continu- 
ance of  officers  ;  provision  for  a  future  revision  of  the  constitU' 
tion,  &c. 

Any  person  chosen  governor,  counsellor,  senator,  or  representative, 
military  or  civil  officer,  (town  officers  excepted,)  accepting  the  trust, 
shall,  before  he  proceeds  to  execute  the  duties  of  his  office,  make  and 
subscribe  the  following  declaration,  viz. 

I,  A.  B.,  do  solemnly  swear,  that  I  will  bear  faith  and  true  allegiance  to 
the  state  of  New  Hampshire,  and  will  support  the  constitution  there- 
of.    So  help  me  God. 


NEW  HAMPSHIRE.  79 

I,  A.  B.,  do  solemnly  and  sincerely  swear  and  affirm,  that  I  will  faith- 
fully and  impartially  discharge  and  perform  all  the  duties  incumbent 
on  me  as according  to  the  best  of  my  abilities,  agree- 
ably to  the  rules  and  regulations  of  this  constitution,  and  the  laws  of 
the  state  of  New  Hampshire.     So  help  me  God. 

Any  person  having  taken  and  subscribed  the  oath  of  allegiance,  and 
the  same  being  filed  in  the  secretary's  office,  he  shall  not  be  obliged  to 
take  said  oath  again. 

Provided  always,  When  any  person  chosen  or  appointed  as  aforesaid, 
Bhall  be  of  the  denomination  called  Quakers,  or  shall  be  scrupulous  of 
swearing,  and  shall  decline  taking  the  said  oaths,  such  shall  take  and 
subscribe  them,  omitting  the  word  stvear,  and  likewise  the  words  so  help 
me  God,  subjoining  instead  thereof,  this  I  do  under  the  pains  and 
penalties  of  perjury. 

And  the  oaths  or  affirmations  shall  be  taken  and  subscribed  by  the 
governor,  before  the  president  of  the  senate,  in  presence  of  both  houses 
of  the  legislature,  and  by  the  senators  and  representatives  first  elected 
under  this  constitution,  as  altered  and  amended,  before  the  president  of 
the  state,  and  a  majority  of  the  council  then  in  office,  and  for  ever  after- 
wards before  the  governor  and  council  for  the  time  being ;  and  by  all 
other  officers,  before  such  persons,  and  in  such  manner  as  the  legislature 
shall  from  time  to  time  appoint. 

All  commissions  shall  be  in  the  name  of  the  state  of  New  Hampshire, 
signed  by  the  governor,  and  attested  by  the  secretary  or  his  deputy,  and 
shall  have  the  great  seal  of  the  state  affixed  thereto. 

All  writs  issuing  out  of  the  clerk's  office  in  any  of  the  courts  of  law, 
shall  be  in  the  name  of  the  state  of  New  Hampshire  ;  shall  be  under  the 
seal  of  the  court  whence  they  issue,  and  bear  test  of  the  chief,  fisst,  or 
senior  justice  of  the  court ;  but  when  such  justice  shall  be  interasted, 
then  the  writ  shall  bear  test  of  some  other  justice  of  the  court,  to  which 
the  same  shall  be  returnable  ;  and  be  signed  by  the  clerk  of  such  court. 

All  indictments,  presentments,  and  ijiformations  shall  conclude, 
against  the  peace  arid  dignity  of  the  state. 

The  estate  of  such  persons  as  may  destroy  their  own  lives  shall  not 
for  that  offence  be  forfeited,  but  descend  or  a<!cend  in  the  same  manner 
as  if  such  persons  had  died  in  a  natural  way.  Nor  shall  any  article  which 
shall  accidentally  occasion  the  death  of  any  person,  be  henceforth  deem- 
ed a  deodand,  or  in  any  wise  forfeited  on  ac(?iDunt  of  such  misfortune. 

All  the  laws  which  have  heretofore  been  adopted,  used,  and  approved 
in  the  province,  colony,  or  state  of  New  Hampshire,  and  usually  prac- 
tised on  in  courts  of  law,  shall  remain  and  be  in  full  force  mitil  altered 
and  repealed  by  the  legislature  :  such  parts  thereof  only  excepted  as  are 
repugnant  to  the  rights  and  liberties  contained  in  this  constitution  :  Pro- 
vided, that  nothing  herein  contained  when  compared  with  the  twenty- 
third  article  in  the  bill  of  rights,  shall  be  construed  to  affect  the  laws 
already  made  respecting  the  persons  or  estates  of  absentees. 

The  privilege  and  benefit  of  the  habeas  corpus  shall  be  enjoyed  in  this 
state  in  the  most  free,  easy,  cheap,  expeditious,  and  ample  manner,  and 
shall  not  be  suspended  by  the  legislature,  except  upon  the  most  urgent 
and  pressing  occasions,  and  for  a  time  not  exceeding  three  months. 

The  enacting  style  in  making  and  passing  acts,  statutes,  and  laws,  shall 


80  CONSTITUTION   OF 

be — Be  it  enacted  by  the  senate  and  house  of  representatives ,  in  gene' 
ral  court  convened. 

No  governor,  or  judge  of  the  supreme  judicial  court,  shall  hold  any 
office  or  place  under  the  authority  of  this  state,  except  such  as  by  this 
constitution  they  are  admitted  to  hold,  saving  that  the  judges  of  the  said 
court  may  hold  the  offices  of  justice  of  the  peace  throughout  the  state  ; 
nor  shall  they  hold  any  place  or  office,  or  receive  any  pension  or  salary, 
from  any  other  state,  government,  or  power  whatever. 

No  jperson  shall  be  capable  of  exercising,  at  the  same  time,  more  than 
one  of  the  following  offices  within  this  state,  viz.  judge  of  probate, 
sheriff,  register  of  deeds  ;  and  never  more  than  two  offices  of  profit,  which 
may  be  held  by  appointment  of  the  governor,  or  g9vernor  and  council, 
or  senate  and  house  of  representatives,  or  superior  or  inferior  courts, 
military  offices,  and  offices  of  justices  of  the  peace,  excepted. 

No  person  holding  the  office  of  judge  of  any  court,  (except  special 
judges,)  secretary,  treasurer  of  the  state,  attorney-general,  commissary- 
general,  military  officers  receiving  pay  from  the  continent  or  this  state, 
(excepting  officers  of  the  militia  occasionally  called  forth  on  an  emer- 
gency,) register  of  deeds,  sheriff,  or  officers  of  the  customs,  including 
naval  officers,  collectors  of  excise,  and  state  and  continental  taxcs,hereafter 
appointed,  and  not  having  settled  their  accounts  with  the  respective  offi- 
cers with  whom  it  is  their  duty  to  settle  such  accounts,  members  of  con- 
gress, or  any  person  holding  any  office  under  the  United  States,  shall, 
at  the  same  time,  hold  the  office  of  governor,  or  have  a  seat  in  the  senate, 
or  house  of  representatives,  or  council ;  but  his  being  chosen,  or  appoint- 
ed to,  and  accepting  the  same,  shall  operate  as  a  resignation  of  his  seat 
in  the  chair,  senate,  or  house  of  representatives,  or  council :  and  the 
places  so  vacated  shall  be  filled  up.  No  member  of  the  council  shall  have 
a  seat  in  the  senate  or  house  of  representatives. 

No  person  shall  ever  be  admitted  to  hold  a  seat  in  the  legislature,  or 
any  office  of  trust  or  importance  under  this  government,  who,  in  the  due 
course  of  law,  has  been  convicted  of  bribery  or  corruption  in  obtaining 
an  election  or  appointment. 

In  all  cases  where  sums  of  money  are  mentioned  in  this  constitution, 
the  value  thereof  shall  be  computed  in  silver,  at  six  shillings  and  eight 
pence  per  ounce. 

To  the  end  that  there  may  be  no  failure  of  justice,  or  danger  to  the 
state,  by  the  alterations  and  amendments  made  in  the  constitution,  the 
general  court  is  hereby  fully  authorized  and  directed  to  fix  the  time  when 
the  alterations  and  amendments  shall  take  effect,  and  make  the  neces- 
sary arrangements  accordingly. 

It  shall  be  the  duty  of  the  selectmen  and  assessors  of  the  several  towns 
and  places  in  this  state,  in  warning  the  first  annual  meeting  for  the 
choice  of  senators,  after  the  expiration  of  seven  years  from  the  adoption 
of  this  constitution,  as  amended,  to  assert  expressly  in  the  warrant,  this 
purpose,  among  the  others  for  the  meeting,  to  wit :  to  take  the  sense  of 
the  qualified  voters  on  the  subject  of  a  revision  of  the  constitution ;  and 
the  meeting  being  warned  accordingly,  and  not  otherwise,  the  modera- 
tor shall  take  the  sense  of  the  qualified  voters  present,  as  to  the  necessity 
of  a  revision ;  and  a  return  of  the  number  of  votes  for  and  against  such 
necessity,  shall  be  made  by  the  clerk,  sealed  up,  and  directed  to  the  ge- 
neral court,  at  their  next  session  ;  and  if  it  shall  appear  to  the  general 


i 

1  VERMONT.  81 

court,  by  such  return,  that  the  sense  of  the  people  of  the  state  has  been 
taken,  and  that,  in  the  opinion  of  the  majority  of  the  qviaUfied  voters  in 
the  state,  present  and  voting  at  said  meet'ngs,  there  is  a  necessity  for  a 
revision  of  the  constitution,  it  shall  be  the  duty  of  the  general  court  to 
call  a  convention  for  that  purpose  ;  othenvise  the  general  court  shall  di- 
rect the  sense  of  the  people  to  be  taken,  and  then  proceed  in  the  manner 
before  mentioned.  The  delegates  to  be  chosen  in  the  same  manner,  and 
proportioned  as  the  representatives  to  the  general  court ;  provided,  that 
no  alteration  shall  be  made  in  this  constitution,  before  the  same  shall  be 
laid  befoiT  the  towns  and  unincorporated  places,  and  approved  by  two- 
thirds  of  the  qualified  voters  present  and  voting  on  the  subject. 

And  the  same  method  of  taking  tht^  sense  of  the  people  as  to  a  re- 
vision of  the  constitution,  and  caUing  a  convention  for  that  purpose, 
shall  be  observed  afterwards,  at  the  expiration  of  every  seven  years. 

This  fonn  of  government  s'tall  be  enrolled  on  parchment,  and  de- 
posited in  the  secretary's  office,  and  be  a  part  of  the  laws  of  the  land ; 
and  printed  copies  thereof  shall  be  prefixed  to  the  books  containing  the 
laws  of  this  state,  in  all  future  editions  thereof. 

JOHN  PICKERING,  President,  P.  T. 

Attest,  JoHiT  Calpe,  Secretary. 


CONSTITUTION  OF  VERMONT. 

ADOPTED  BY  THE  COJfTEITTIOir  HOI-DEIT  AT  WINDSOR,  JULY  4tH,  1793' 


CHAPTER  I. 

Ji  Declaration  of  Rights  of  the  Inhabitants  of  the  State  of  Vermont. 

F  ABTICtB  1. 

That  all  men  are  bom  equally  free  and  independent,  and  have  cer- 
tain natural,  inherent,  and  unalienable  rights,  amongst  which  are  the 
enjoying  and  defending  life  and  liberty,  acquiring,  possessing,  and  pro- 
tecting property,  and  pursuing  and  obtaining  happiness  and  safety : 
therefore,  no  male  person,  bom  in  this  country,  or  brought  from  over 
sea,  ought  to  be  holden  by  law  to  serve  any  person  as  a  servant,  slave, 
or  apprentice,  afler  he  arrives  to  the  age  of  twenty-one  years,  nor  female, 
in  like  manner,  after  she  arrives  to  the  age  of  eighteen  years,  unlo.-*^ 
they  are  bound  by  their  own  consent,  after  they  arrive  to  such  age,  or 
bound  by  the  law  for  the  payment  of  debts,  damages,  fines,  costs,  or 
the  like. 

ARTICLE  2. 

That  private  property  ought  to  be  subservient  to  public  uses  when 
necessity  requires  it ;  nevertheless,  when  any  person's  property  is  taken 
for  the  use  of  the  public,  the  owner  ought  to  receive  an  equivalent  in 
money. 


82  CONSTITUTION    OF 

ARTICLE  3. 

That  all  men  have  a  natural  and  unalienable  right  to  worship  Al- 
mighty God  according  to  the  dictates  of  their  own  consciences  and  un- 
derstandings, as  in  their  opinion  shall  be  regulated  by  the  word  of  God  : 
and  that  no  man  ought  to,  or  of  right  can,  be  compelled  to  attend  any 
religious  worship,  or  erect  or  support  any  place  of  worship,  or  maintain 
any  minister,  contrary  to  the  dictates  of  his  conscience  ;  nor  can  any  man 
be  justly  deprived  or  abridged  of  any  civil  right  as  a  citizen,  on  account 
of  his  religious  sentiments  or  peculiar  mode  of  religious  worship ;  and 
that  no  authority  can  or  ought  to  be  vested  in,  or  assumed  by,  any  power 
whatever,  that  shall  in  any  case  interfere  with,  or  in  any  manner  con- 
trol, the  rights  of  conscience  in  the  free  exercise  of  religious  worship. 
Nevertheless,  every  sect  or  denomination  of  Christians  ought  to  observe 
the  Sabbath,  or  Lord's  day,  and  keep  up  some  sort  of  religious  worship, 
which  to  them  shall  seem  most  agreeable  to  the  revealed  will  of  God. 

auticxk  4. 
Every  person  within  this  state  ought  to  find  a  certain  remedy,  by 
having  recourse  to  the  laws,  for  all  injuries  or  wrongs  which  he  may 
receive  in  his  person,  property,  or  character:  he  ought  to  obtain  right 
and  justice  freely,  and  without  being  obliged  to  purchase  it ;  completely, 
and  without  any  denial ;  promptly,  and  without  delay ;  conformably  to 
the  law. 

ARTICLE  5. 

That  the  people  of  this  state,  by  their  legal  representatives,  have  the 
sole,  inherent,  and  exclusive  right  of  governing  and  regulating  the  in* 
tcmal  police  of  the  same. 

ARTICLE  6. 

That  all  power  being  originally  inherent  in,  and  consequently  derived 
from,  the  people,  therefore,  all  officers  of  government,  whether  legislative 
or  executive,  are  their  trustees  and  servants,  and  at  all  times,  in  a  legal 
way,  accountable  to  them. 

ARTICLE  7. 

That  government  is,  or  ought  to  be,  instituted  for  the  common  benefit 
protection,  and  security  of  the  people,  nation,  or  community,  and  not 
for  the  particular  emolument  or  advantage  of  an}^  single  man,  family,  or 
set  of  men,  who  are  a  part  only  of  that  community ;  and  that  the  com- 
munity hath  an  indubitable,  unalienable,  and  indefeasible  right  to  re- 
form or  alter  government,  in  such  manner  as  shall  be,  by  that  com- 
munity, judged  most  conducive  to  the  public  weal. 

ARTICLE  8. 

That  all  elections  ought  to  be  free  and  without  corruption,  and  that 
all  freemen,  having  a  sufficient  evidence,  common  interest  with,  and  at- 
tachment to  the  community,  have  a  right  to  elect  officers,  and  be  elected 
into  office,  agreeably  to  the  regulations  made  in  this  constitution.  I 

ARTICLE  9. 

That  every  member  of  society  hath  a  right  to  be  protected  in  the  enjoy 
mcnt  of  life,  liberty,  and  property,  and  therefore  is  bound  to  contribute 


VERMONT.  63 

his  proportion  towards  the  expense  of  that  protection,  and  yield  his  per- 
sonal service,  when  necessary,  or  an  equivalent  thereto ;  but  no  part  of 
any  person's  property  can  be  justly  taken  from  him,  or  applied  to  pub- 
lic uses,  without  his  consent,  or  that  of  the  representative  body  of  free- 
men ;  nor  can  any  man,  who  is  conscientiously  scrupulous  of  bearing 
arms,  be  justly  compelled  thereto,  if  he  will  pay  such  equivalent;  nor 
are  the  people  bound  by  any  law  but  such  as  they  have  in  like  manner 
assented  to,  for  their  common  good ;  and  previous  to  any  law  being 
made  to  raise  a  tax,  the  purpose  for  which  ft  is  to  be  raised  ought  to  ap- 
pear evident  to  the  legislature  to  be  of  more  service  to  the  community 
than  the  money  would  be  if  not  collected. 

ARTICLE  10. 

That,  in  all  prosecutions  for  criminal  offences,  a  person  hath  a  right 
to  be  heard  by  himself  and  his  counsel ;  to  demand  the  cause  and  nature 
of  his  accusation  ;  to  be  confronted  with  the  witnesses  ;  to  call  for 
evidence  in  his  favour,  and  a  speedy  public  trial,  by  an  impartial  jury 
of  his  country ;  without  the  unanimous  consent  of  which  jury,  he  cannot 
be  found  guilty  ;  nor  can  he  be  compelled  to  give  evidence  against 
himself;  nor  can  any  person  be  justly  deprived  of  his  liberty,  except  by 
the  laws  of  the  land,  or  the  judgment  of  his  peers. 

ARTICLE    11. 

That  the  people  have  a  right  to  hold  themselves,  their  houses,  papers, 
and  possessions,  free  from  search  or  seizure ;  and,  therefore,  warrants 
without  oath  or  affirmation  first  made,  aflbrding  sufficient  foundation  for 
them,  and  whereby  any  officer  or  messenger  may  be  commanded  or  re- 
quired to  search  suspected  places  ;  or  to  seize  any  person  or  persons,  his, 
her,  or  their  property,  not  particularly  described,  are  contrary  to  that 
right,  and  ought  not  to  be  granted. 

ARTICLE    12. 

That  when  an  issue  in  fact,  proper  for  the  cognizance  of  a  jury,  is  join- 
ed in  a  court  of  law,  the  parties  have  a  right  to  trial  by  jury,  which  ought 
to  be  held  sacred. 

ARTICLE    13. 

That  the  people  have  a  right  to  a  freedom  of  speech,  and  of  writing 
and  publishing  their  sentiments,  concerning  the  transactions  of  govern- 
ment, and  therefore  the  freedom  of  the  press  ought  not  to  be  restrained. 

ARTICLE    14. 

The  freedom  of  deliberation,  speech,  and  debate,  in  the  legislature,  is 
80  essential  to  the  rights  of  the  people,  that  it  cannot  be  the  foundation 
of  any  accusation,  or  prosecution,  action,  or  complaint,  in  any  other 
court  or  place  whatsoever. 

ARTICLE    15. 

The  power  of  suspending  laws,  or  the  execution  of  laws,  ought  never 
to  be  exercised  but  by  the  legislature,  or  by  authority  derived  from  it,  to 
be  exercised  in  such  particular  cases  as  this  constitution,  or  the  legisla- 
ture, shall  provide  for. 


84  CONSTITUTION   OF 

ARTICLE    16. 

That  the  people  have  a  right  to  bear  arms  for  the  defence  of  them- 
selves and  the  state;  and,  as  standing  armies  in  time  of  peace  are  dan- 
gerous to  liberty,  they  ought  not  to  be  kept  up ;  and  that  the  military 
should  be  kept  under  strict  subordination  to,  and  governed  by,  the  civil 
power. 

ARTICLE    17. 

That  no  person  in  this  state  can,  in  any  case,  be  subjected  to  law 
martial,  or  to  any  penalties  or  pains  by  virtue  of  that  law,  except  those 
employed  in  the  army,  and  the  militia  in  actual  service. 

ARTICLE    18. 

The  frequent  reciurence  to  fundamental  principles,  and  firm  ad- 
herence to  justice,  moderation,  temperance,  industry,  and  frugality,  are 
absolutely  necessary  to  preserve  the  blessings  of  liberty,  and  keep  go- 
vernment free  ;  the  people  ought,  therefore,  to  pay  particular  attention 
to  these  points,  in  the  choice  of  officers  and  representatives,  and  have  a 
right,  in  a  legal  way,  to  exact  a  due  and  constant  regard  to  them,  from 
tlieir  legislators  and  magistrates,  in  making  and  executing  such  laws  as 
are  necessary  for  the  good  government  of  the  state. 

ARTICLE    19. 

That  all  people  have  a  natural  and  inherent  right  to  emigrate  from  ona 
state  to  another  that  will  receive  them. 

ARTICLE    20. 

That  the  people  have  a  right  to  assemble  together  to  consult  for  their 
common  good  :  to  instruct  their  :  epresentatives :  and  apply  to  the  legis- 
lature for  redress  of  grievances  by  address,  petition,  or  remonstrance. 

ARTICLE    21. 

That  no  person  shall  be  liable  to  be  transported  out  of  this  state  for 
trial  of  any  offence  committed  within  the  same. 

CHAPTER  II. 

J*lan  or  Form  of  Government. 

§  1.  The  commonwealth  or  state  of  Vermont  shall  be  governed  here- 
after by  a  governor  or  lieutenant-governor,  council,  and  an  assembly 
of  the  representatives  of  the  freemen  of  the  same,  in  manner  and  form 
following : 

§  2.  The  supreme  legislative  power  shall  be  vested  in  a  house  of  re- 
presentatives of  the  freemen  of  the  commonwealth  or  state  of  Vermont. 

§  3.  The  supreme  executive  power  shall  be  vested  in  a  governor,  or, 
in  his  absence,  a  lieutenant-governor,  and  council. 

§  4.  Courts  of  justice  shall  be  maintained  in  every  county  in  this 
state,  and  also  in  new  counties,  when  formed ;  which  courts  shall  be  open 
for  the  trial  of  all  causes  proper  for  their  cognizance;  and  justice  shall  he 
therein  impartially  administered,  without  corruption  or  unnecessary  de- 
lay. The  judges  of  the  supreme  court  shall  be  justices  of  the  peace 
throughout  the  state ;  and  the  several  judges  of  the  county  courts,  in 


VERMONT.  85 

their  respective  counties,  hy  virtue  of  their  ofiice,  except  in  the  trial  of 
such  causes  as  may  be  appealed  to  the  county  court. 

§  5.  A  future  legislature  may,  when  they  shall  conceive  the  same  to 
be  expedient  and  necessary,  erect  a  court  of  chancery,  with  such  powers 
as  are  usually  exercised  by  that  court,  or  as  shall  appear  for  the  interest 
of  the  commonwealth :  Provided,  they  do  not  constitute  themselves  the 
judges  of  the  said  court. 

§  6.  The  legislative,  executive,  and  judiciary  departments  shall  be 
separate  and  distinct,  so  that  neither  exercise  the  powers  properly  be- 
longing to  the  other. 

§  7.  In  order  that  the  freemen  of  this  state  might  enjoy  the  benefit  of 
election,  as  equally  as  may  be,  each  town  within  this  state,  that  consists 
or  may  consist  of  eighty  taxable  inhabitants  within  one  septenary,  or 
seven  years  next  afk'r  the  establishing  this  constitution,  may  hold  elec- 
tions therein,  and  choose  each  two  representatives  ;  and  each  other  in- 
habited town  in  this  state  may,  in  like  manner,  choose  each  one  repre- 
sentative to  represent  them  in  general  assembly,  during  the  said  septen- 
ary, or  seven  years ;  and  after  that,  each  inhabited  town  may,  in  like 
manner,  hold  such  election,  and  choose  each  one  representative,  for  ever 
thereafter. 

§  8.  The  house  of  representatives  of  the  freemen  of  this  state  shall 
consist  of  persons  most  noted  for  wisdom  and  virtue,  to  be  chosen  by 
ballot,  by  the  freemen  of  every  town  in  this  state,  respectively,  on  the 
first  Tuesday  in  September  annually  for  ever. 

§  9,  The  representatives  so  chosen,  a  majority  of  whom  shall  consti- 
tute a  quorum  for  transacting  any  other  business  than  raising  a  state 
tax,  for  which  two-thirds  of  the  members  elected  shall  be  present,  shall 
meet  on  the  second  Thursday  of  the  succeeding  October,  and  shall  be 
styled  The  General  Assembly  of  the  State  of  Vennont :  they  shall  have 
power  to  choose  their  speaker,  secretary  of  state,  their  clerk,  and  other 
necessary  officers  of  the  house — sit  on  their  own  adjournments — prepare 
bills,  and  enact  them  into  laws — judge  of  the  elections  and  qualifica- 
tions of  their  own  members  :  they  may  expel  members,  but  not  for 
causes  known  to  their  own  constituents  antecedent  to  thqjr  own  elec- 
tions ;  they  may  administer  oaths  and  affirmations  in  matters  depending 
before  them,  redress  grievances,  impeach  state  criminals,  grant  charters 
of  incorporation,  constitute  towns,  boroughs,  cities,  and  counties  :  they 
may,  annually,  on  their  first  session  after  their  election,  in  conjunction 
with  the  council,  or  oftener  if  need  be,  elect  judges  of  the  supreme  and 
several  county  and  probate  courts,  sheriffs,  and  justices  of  the  peace  ; 
and  also  with  the  council  may  elect  major-generals  and  brigadier-gene- 
rals, from  time  to  time,  as  often  as  there  shall  be  occasion  ;  and  they 
shall  have  all  other  powers  necessary  for  the  legislature  of  a  free  and 
sovereign  state  :  but  they  shall  have  no  power  to  add  to,  alter,  abolish, 
or  infringe  any  part  of  this  constitution. 

§  10.  The  supreme  executive  council  of  this  state  shall  consist  of  a 
governor,  hcutenant-governor,  and  twelve  persons,  chosen  in  the  follow- 
ing manner,  viz.  The  freemen  of  each  town  shall,  on  the  day  of  the 
election,  for  choosing  representatives  to  attend  the  general  assembly, 
bring  in  their  votes  for  governor,  with  his  name  fairly  written,  to  the 
constable,  who  shall  seal  them  up,  and  write  on  them,  votes  for  the 
governor,  and  deliver  them  to  the  repicsentativcs  chosen  to  attend  the 

H 


80  CONSTITUTION   OF 

general  assembly  ;  and  at  the  opening  of  the  general  assembly  there 
shall  be  a  committee  appointed  out  of  tlie  council  and  assembly,  who, 
after  being  duly  sworn  to  the  faithful  discharge  of  their  trust,  shall  })ro- 
ceed  to  receive,  sort,  and  count  the  votes  for  the  governor,  and  declare 
the  person  who  has  the  major  part  of  the  votes  to  be  governor  for  the 
year  ensuing.  And  if  there  be  no  choice  made,  then  the  council  and 
general  assembly,  by  their  joint  ballot,  shall  make  choice  of  a  governor. 
The  lieutenant-governor  and  treasurer  shall  be  chosen  in  the  manner 
above  directed.  And  each  freeman  shall  give  in  twelve  votes,  for 
twelve  counsellors,  in  the  same  manner,  and  the  twelve  highest  in  no- 
mination shall  serve  for  the  ensuing  year  as  counsellors. 

§  11.  The  governor,  and,  in  his  absence,  the  lieutenant-governor,  with 
the  council,  a  major  part  of  whom,  including  the  governor,  or  lieutenant- 
governor,  shall  be  a  quorum  to  transact  business,  shall  have  power  to 
commission  all  officers,  and  also  to  appoint  officers,  except  where  provi- 
sion is,  or  shall  be  otherwise  made  by  law,  or  this  frame  of  government ; 
and  shall  supply  every  vacancy  in  any  office,  occasioned  by  death,  or 
otherwise,  until  the  office  can  be  filled  in  the  manner  directed  by  law  or 
this  constitution. 

They  are  to  correspond  with  other  states,  transact  business  with  offi- 
cers of  government,  civil  and  military,  and  to  prepare  such  business  as 
may  appear  to  them  necessary  to  lay  before  the  general  assembly.  They 
shall  sit  as  judges  to  hear  and  determine  on  impeachments,  taking  to 
their  assistance,  for  advice  only,  the  judges  of  the  supreme  court.  And 
shall  have  power  to  grant  pardons,  and  remit  fines,  in  all  cases  whatso- 
ever, except  in  treason  and  murder  ;  in  which  they  shall  have  power  to 
grant  reprieves,  but  not  tc  pardon,  until  after  the  end  of  the  next  session 
of  the  assembly  ;  and  except  in  cases  of  impeachment,  in  which  there 
shall  be  no  remission  or  mitigation  of  punishment,  but  by  act  of  legisla- 
tion. 

They  are  also  to  take  care  that  the  laws  be  faithfully  executed.  They 
are  to  expedite  the  execution  of  such  measures  as  may  be  resolved  upon 
by  the  general  assembly.  And  they  may  draw  upon  the  treasury  for 
such  sums  fis  may  be  appropriated  by  the  house  of  representatives. 
They  may  also  lay  embargoes,  or  prohibit  the  exportation  of  any  com- 
modity, for  any  time  not  exceeding  thirty  days,  in  the  recess  of  the  house 
only.  They  may  grant  such  licenses  as  shall  be  directed  by  law  :  and 
shall  have  power  to  call  together  the  general  assembly,  when  necessary, 
before  the  day  to  which  they  shall  stand  adjourned.  The  governor  shall 
be  captain-general  and  commander-in-chief  of  the  forces  of  the  state,  but 
shall  not  command  in  person,  except  advised  thereto  by  the  council,  and 
then  only  so  long  as  they  shall  approve  thereof.  And  the  lieutenant- 
governor  shall,  by  virtue  of  his  office,  be  lieutenant-general  of  all  the 
forces  of  the  state.  The  governor,  or  Ueutenant-governor,  and  the  coun- 
cil, shall  meet  at  the  time  and  place  with  the  general  assembly  ;  the 
lieutenant-governor  shall,  during  the  presence  of  the  commander-in- 
chief,  vote  and  act  as  one  of  the  council :  and  the  govei-nor,  and,  in  his 
absence,  the  lieutenant-governor,  shall,  by  virtue  of  their  offices,  preside 
in  council,  and  have  a  casting,  but  no  other  vote.  Every  member  of  the 
council  shall  be  a  justice  of  the  peace,  for  the  whole  state,  by  virtue  of 
his  office.  The  governor  and  council  shall  have  a  secretary,  and  keep 
fair  books  of  their  proceedings,  wherein  any  counsellor  may  enter  his 


VERMONT.  87 

dissent,  with  his  reason  to  support  it ;  and  the  governor  may  appoint  a 
secretary  for  himself  and  his  council. 

§  12.  The  representatives,  having  met  and  chosen  their  speaker  and 
clerk,  shall,  each  of  them,  before  they  proceed  to  business,  take  and  sub- 
scribe, as  well  the  oath  or  afhrmalion  of  allegiance  hereinafter  directed, 
except  where  they  shall  produce  certificates  of  their  having  heretofore 
taken  and  subscribed  the  same,  as  the  following  oath  or  affirmation,  viz. 

"  You, ,  do  solemnly  swear  (or  affirm)  that,  as  a  member  of  this 

assembly,  you  will  not  propose  or  assent  to  any  bill,  vote,  or  resolution, 
which  shall  appear  to  you  injurious  to  the  people,  nor  do  or  consent  to  any 
act  or  thing  whatsoever  that  shall  have  a  tendency  to  lessen  or  abridge 
their  rights  and  privileges,  as  declared  by  the  constitution  of  this  state  , 
but  will,  in  all  things,  conduct  yourself  as  a  faithful,  honest  representa- 
tive, and  guardian  of  the  people,  according  to  the  best  of  your  judgment 
and  abilities  :  (in  case  of  an  oath  J  so  help  you  God.  (And  in  case 
of  an  affirmation)  under  the  pains  and  penalties  of  perjury." 

§  13.  The  doors  of  the  house  in  which  the  general  assembly  of  this 
commonwealth  shall  sit,  shall  be  open  for  the  admission  of  all  persons 
who  behave  decently,  except  only  when  the  welfare  of  the  state  may  re- 
quire them  to  be  shut. 

§  14.  The  votes  and  proceedings  of  the  general  assembly  shall  be 
printed,  when  one-third  of  the  members  think  it  necessary,  as  soon  as 
convenient  after  the  end  of  each  session,  with  the  yeas  and  nays  on  any 
questions,  when  required  by  any  member,  except  where  the  votes  shall 
be  taken  by  ballot,  in  which  case  every  member  shall  have  a  right  £o  in- 
sert the  reasons  of  Ivis  vote  upon  the  minutes. 

§  15.  The  style  of  the  laws  of  this  state,  in  future  to  be  passed,  shall 
be  :  It  is  hereby  enacted  by  the  general  assembly  of  the  state  of  Ver- 
viont. 

§  16.  To  the  end  that  laws,  before  they  are  enacted,  may  he  more 
maturely  considered,  and  the  inconvenience  of  hasty  determinations,  as 
much  as  possible,  prevented,  all  bills  which  originate  in  the  assembly 
shall  be  laid  before  the  governor  and  council  for  their  revision  and  con- 
currence, or  proposals  of  amendment ;  who  shall  return  the  same  to  the 
assembly,  with  their  proposals  of  amendment,  if  any,  in  writing ;  and 
if  the  same  are  not  agreed  to  by  the  assembly,  it  shall  be  in  the  power 
of  the  governor  and  council  to  suspend  the  passing  of  such  bill  until  the 
next  session  of  the  legislature  :  Provided,  that  if  the  governor  and  coun- 
cil shall  neglect  or  refuse  to  return  any  such  bill  to  the  assembly,  with 
written  proposals  of  amendment,  within  five  days,  or  before  the  rising 
of  the  legislature,  the  same  shall  become  a  law. 

§  17.  No  money  shall  be  drawn  out  of  the  treasury,  unless  first  ap- 
propriated by  act  of  legislation. 

§  18.  No  person  shall  be  elected  a  representative  until  he  has  resided 
two  years  in  this  slat* ;  the  last  of  which  shall  be  in  the  town  for  which 
he  is  elected. 

§  1 9.  No  member  of  the  council  or  house  of  representatives  shall,  di- 
rectly or  indirectly,  receive  any  fee  or  reward  to  bring  forward  or  advo- 
cate any  bill,  petition,  or  other  business  to  be  transacted  in  the  legisla- 
ture ;  or  advocate  any  cause,  as  counsel,  in  either  house  of  legislation, 
except  when  employed  in  behalf  of  the  state. 


88  CONSTITUTION    OF 

§  20.  No  person  ought,  in  any  case,  or  in  any  timp,  to  be  declared 
guilty  of  treason  or  felony  by  the  legislature. 

§  21.  Every  man  of  the  full  age  of  twenty-one  years,  having  resided 
in  this  state  for  the  space  of  one  whole  year  next  before  the  election  of 
representatives,  and  is  of  a  quiet  and  peaceable  behaviour,  and  will  take 
the  following  oath  or  affirmation,  shall  be  entitled  to  ail  the  privileges 
of  a  freeman  of  this  state. 

*'  You  solemnly  swear  (or  affirm)  that  whenever  you  give  your  vote 
of  suffrage  touching  any  matter  that  concerns  the  state  of  Vermont,  you 
will  do  it  so  as  in  your  conscience  you  shall  judge  will  most  conduce  to 
the  best  good  of  the  same,  as  established  by  the  constitution,  without 
fear  or  favour  of  any  man." 

§  22.  The  inhabitants  of  this  state  shall  be  trained  and  armed  for  its 
defence,  under  such  regulations,  restrictions,  and  exceptions,  as  congress, 
agreeably  to  the  constitution  of  the  United  States,  and  the  legislature  of 
this  state,  shall  direct.  The  several  companies  of  militia  shall,  as  often 
as  vacancies  happen,  elect  their  captain  and  other  officers,  and  the  cap- 
tains and  subalterns  shall  nominate  and  recommend  the  field  officers  of 
their  respective  regiments,  who  shall  appoint  their  staff  officers. 

§  23.  All  commissions  shall  be  in  the  name  of  the  freemen  of  the  state 
of  Vermont,  sealed  with  the  state  seal,  signed  by  the  governor,  and  in 
his   absence  the   lieutenant-govem6r,  and   attested  by   the    secretary 
which  seal  shall  be  kept  by  the  governor. 

§  24.  Every  officer  of  state,  whether  judicial  or  executive,  shall  be 
liable  to  be  impeached  by  the  general  assembly,  either  when  in  office  or 
after  his  resignation  or  removal,  for  maladministration.  AH  impeach- 
ments shall  be  before  the  governor,  or  lieutenant-governor,  and  council, 
who  shall  hear  and  determine  the  same,  and  may  award  costs  ;  and  no 
trial  or  impeachment  shall  be  a  bar  to  a  prosecution  at  law. 

§  2.5.  As  every  freeman,  to  preserve  his  independence,  if  without  a 
sufficient  estate,  ought  to  have  some  profession,  calling,  trade,  or  farm, 
whereby  he  may  honestly  subsist,  there  can  be  no  necessity  for,  nor  use 
in  establishing  offices  of  profit,  the  usual  effects  of  which  are  depend- 
ence and  ser^'ility,  unbecoming  freemen,  in  the  possessors  or  expect- 
ants, and  faction,  contention  and  discord  among  the  people.  But,  if 
any  man  is  called  into  public  service,  to  the  prejudice  of  his  private 
affairs,  he  has  a  right  to  a  reasonable  compensation ;  and  whenever  an 
office,  through  increase  of  fees  or  otherwise,  becomes  so  profitable  as  to 
occasion  many  to  apply  for  it,  the  profits  ought  to  be  lessened  by  the 
legislature.  And  if  any  officer  shall  wittingly  and  wilfully  take  greater 
fees  than  the  law  allows  him,  it  shall  ever  after  disqualify  him  from 
holding  any  office  in  this  state,  until  he  shall  be  restored  by  act  of 
legislation. 

§  26.  No  person  in  this  state  shall  be  capable  of  holding  or  exercising 
more  than  one  of  the  following  offices  at  the  same  time,  viz  :  governor, 
lieutenant-governor,  judge  of  the  supreme  court,  treasurer  of  the  state, 
member  of  the  council,  member  of  the  general  assembly,  surveyor-ge- 
neral, or  sheriff.  Nor  shall  any  person,  holding  any  office  of  profit  or 
trust  under  the  authority  of  congress,  be  eligible  to  any  appointment  in  the 
legislature,  or  of  holding  any  executive  or  judiciary  office  under  this  state. 
§  27.  The  treasurer  of  the  state  shall,  before  the  governor  and  coun 


VERMONT.  89 

vil.  give  sufficient  security  to  the  secretary  of  the  state,  in  behalf  of  the 
general  assembly ;  and  each  high  sheriflj  before  the  first  judge  of  the 
county  court  to  the  treasurer  of  their  respective  counties,  previous  to 
their  respectively  entering  upon  the  execution  of  their  offices,  in  such 
manner,  and  in  sums,  as  shall  be  directed  by  the  legislature. 

§  28.  The  treasurer's  accounts  shall  be  annually  audited,  and  a  fair 
state  thereof  laid  before  the  general  assembly  at  their  session  in  Oc- 
tober. 

§29.  Every  officer,  whether  judicial,  executive,  or  military,  in  au 
thority  under  this  state,  before  he  enters  upon  tlie  execution  of  hi 
ofHce,  shall  take  and  subscribe  the  following  oath  or  affirmation  of  al- 
legiance to  this  state,  unless  he  shall  produce  evidence  that  he  has 
before  taken  the  same  ;  and  also  the  following  oath  or  affirmation  of 
ofiice,  except  military  officers,  and  such  as  shall  be  exempted  by  the 
legislature. 

The  oath  or  affirmation  of  office. 

"  You  do  solemnly  swear  (or  affirm)  that  you  will  be  true  and  faith- 
ful to  the  state  of  Vermont,  and  that  you  will  not,  directly  or  indirectly, 
do  any  act  or  thing  injurious  to  the  constitution  or  government  thereof, 
»s  established  by  convention  :  Clf  an  oath  J  so  help  you  God.  (If  an 
affirmation  J  under  the  pains  and  penalties  of  perjury. 

The  oath  or  affirmation  of  office. 

*  You, ,  do  solemnly  swear  (or  affirm)  that  you  will  faith- 
fully execute  the  office  of for  the of ;  and  will 

therein  do  equal  right  and  justice  to  all  men,  to  the  best  of  your  judg- 
ment and  abilities,  according  to  law  :  (If  an  oath  J  so  help  you  God. 
(If  an  affirmation)  under  the  pains  and  penalties  of  perjury." 

§  30.  No  person  shall  be  eligible  to  the  office  of  governor  or  lieutenant- 
governor,  until  he  shall  have  resided  in  this  state  four  years  next  pre- 
ceding the  day  of  his  election. 

§  31.  Trials  of  issues,  proper  for  the  cognizance  of  a  jury,  in  the  su- 
preme and  county  courts,  shall  be  by  jury,  except  where  parties  other- 
wise agree  ;  and  great  care  ought  to  be  taken  to  prevent  corruption  or 
partiality  in  the  choice  and  return  or  appointment  of  juries. 

§  32.  All  prosecutions  shall  commence,  by  the  authoritt/  of  the  state 
of  Vermont ;  all  indictments  shall  conclude  with  these  words:  against 
the  peace  and  dignity  of  the  state.  And  all  fines  shall  be  proportioned 
to  the  oflbnces. 

§  33.  The  person  of  a  debtor,  where  there  is  not  strong  presumption 
of  fraud,  shall  not  be  continued  in  prison  after  delivering  up  and  as- 
signing over,  bona  fide,  all  his  estate,  real  and  personal,  in  possession, 
reversion,  or  remainder,  for  the  use  of  his  creditors,  in  such  manner  as 
shall  be  hereafter  regulated  by  law.  And  all  prisoners,  unless  in  execu- 
'on  or  committed  for  capital  offi^nces,  when  the  proof  is  evident  or  pre- 
sumption great,  shall  be  bailable  by  sufficient  sureties  ;  nor  shall  exces- 
sive bail  be  exacted  for  bailable  offences. 

§  34.  All  elections,  whether  by  the  people  or  the  legislature,  shall  be 
free  and  voluntary ;  and  any  elector,  who  shall  receive  any  gift  or  re- 

H  2 


go  CONSTITUTION   OF 

word  for  his  vote,  in  meat,  drink,  moneys,  or  otherwise,  shall  forfeit  his 
right  to  elect  at  that  time,  and  suffer  such  other  penalty  as  the  law 
shall  direct ;  and  any  person  who  shall,  directly  or  indirectly,  give,  pro- 
mise, or  bestow,  any  such  rewards,  to  be  elected,  shall  thereby  be  ren- 
dered incapable  to  serve  for  the  ensuing  year,  and  be  subject  to  such 
further  punishment  as  a  future  legislature  shall  direct. 

§  35.  All  deeds  and  conveyances  of  land  shall  be  recorded  in  the  town 
clerk's  oHice,  in  their  respective  towns  ;  and  for  w"ant  thereof,  in  the 
county  clerk's  office  of  the  same  county. 

§  36.  The  legislature  shall  regulate  entails  in  such  manner  as  to  pre- 
vent perpetuities. 

§  37.  To  deter  more  effectually  from  the  commission  of  crimes,  by 
continued  visible  punishments  of  long  duration,  and  to  make  sanguinary 
punishments  less  necessary,  means  ought  to  be  provided  for  punishing 
by  hard  labour  those  who  sliall  be  convicted  of  crimes  not  capital, 
whereby  the  criminal  shall  be  employed  for  the  benefit  of  the  pub- 
lic, or  for  the  reparation  of  injuries  done  to  private  persons :  and  all 
persons,  at  proper  times,  ought  to  be  permitted  to  see  them  at  their 
labour. 

§  38.  The  estates  of  such  persons  as  may  destroy  their  own  lives 
shall  not  for  that  offence  be  forfeited,  but  descend  or  ascend  in  the  same 
manner  as  if  such  persons  had  died  in  a  natural  way.  Nor  shall  any 
article,  which  shall  accidentally  occasion  the  death  of  any  person,  be 
henceforth  deemed  a  deodand,  or  in  any  wise  forfeited,  on  account  of 
such  misfortune. 

§  39.  Every  person  of  good  character,  who  comes  to  settle  in  tiiis 
state,  having  first  taken  an  oath  or  affirmation  of  allegiance  to  the  same, 
may  purchase,  or  by  other  just  means  acquire,  hold,  and  transfer  land 
or  other  real  estate ;  and,  after  one  year's  residence,  shall  be  deemed  a 
free  denizen  thereof,  and  entitled  to  all  rights  of  a  natural  born  subject 
of  this  state,  except  that  he  shall  not  be  capable  of  being  elected  gover- 
nor, lieutenant-governor,  treasurer,  counsellor,  or  representative  in  as* 
sembly  until  after  two  years'  residence. 

§  40.  The  inhabitants  of  this  state  shall  have  liberty,  in  seasonable 
times,  to  hunt  and  fowl  on  the  lands  they  hold,  and  on  other  lands 
not  enclosed;  and  in  like  manner  to  fish  in  all  boatable  and  other 
waters,  not  private  property,  under  proper  regulations,  to  be  hereafter 
made  and  provided  by  the  general  assembly. 

§41.  Laws  for  the  encouragement  of  virtue  and  prevention  of  vice 
and  immorality,  ought  to  be  constantly  kept  in  force,  and  duly  executed  : 
and  a  competent  number  of  schools  ought  to  be  maintained  in  each  town, 
for  the  convenient  instruction  of  youth ;  and  one  or  more  grammar 
schools  be  incorporated,  and  properly  supported,  in  each  county  in  this 
state.  And  all  religious  societies  or  bodies  of  men,  that  may  be  here- 
after united  or  incorporated  for  the  advancement  of  religion  and  learn- 
ing, or  for  other  pious  and  charitable  purposes,  shall  be  encouraged  and 
protected  in  the  enjoyment  of  the  privileges,  immunities,  and  estates, 
which  they  in  justice  ought  to  enjoy,  under  such  regulations  as  the 
general  assembly  of  this  state  shall  direct. 

§  42.  The  declaration  of  the  political  rights  and  privileges  of  the  in 
habitants  of  this  state,  is  hereby  declared  to  be  a  part  of  the  constitu 


VERMONT.  9i 

tion  of  this  commonwealth,  and  ought  not  to  be  violated  on  any  pre. 
tence  whatsoever. 

§  43.  In  order  that  the  freedom  of  this  commonwealth  may  be  pre- 
served inviolate  for  ever,  there  shall  be  chosen,  by  ballot,  by  the  freemen 
of  this  state,  on  the  last  Wednesday  in  March,  in  the  year  one  thousand 
seven  hundred  and  ninety-nine,  and  on  the  last  Wednesday  in  March,  ni 
every  seven  years  thereafter,  thirteen  persons,  who  shall  be  chosen  in  the 
same  manner  the  council  is  chosen^  except  they  shall  not  be  out  of  the 
council  or  general  assembly,  to  be  called  the  council  of  censors :  who 
shall  meet  together  on  the  tirst  Wednesday  in  June  next  ensuing  their 
election,  the  majority  of  whom  shall  be  a  quorum  in  every  case,  excc}>t 
as  to  calling  a  convention,  in  which,  two-thirds  of  the  whole  number 
elected  shall  agree,  and  whose  duty  it  shall  be  to  inquire,  whether  the 
constitution  has  been  preserved  inviolate  in  eveiy  part  during  the  last 
septenar)',  including  the  year  of  their  service,  and  whether  the  legisla- 
tive and  executive  branches  of  government  have  performed  their  dut}'^, 
as  guardians  of  the  people,  or  assumed  to  themselves,  or  exercised  other 
or  greater  powers  than  they  are  entitled  to  by  the  constitution  :  They  are 
also  to  inquire,  whether  the  public  taxes  have  been  justly  laid  and  col- 
lected in  all  parts  of  this  commonwealth ;  in  what  manner  the  public 
moneys  have  been  disposed  of;  and  whether  the  laws  have  been  duly 
executed.  For  these  purposes  they  shall  have  power  to  send  for  per- 
sons, papers,  and  records :  they  shall  have  authority  to  pass  public  cen- 
sures, to  order  impeachments,  and  to  recommend  to  the  legislature  the 
repealing  such  laws  as  shall  appear  to  them  to  have  been  passed  con- 
trary to  the  principles  of  the  constitution  :  I'hese  powers  they  shall 
continue  to  have  for  and  during  the  space  of  one  year  from  the  day 
of  their  election,  and  no  longer.  The  said  council  of  censors  shall  also 
have  power  to  call  a  convention,  to  meet  within  two  years  after  their 
sitting,  if  there  appears  to  them  an  absolute  necessity  of  amending  any 
article  of  this  constitution,  which  may  be  defective  :  explaining  such  as 
may  be  thought  not  clearly  expressed :  and  of  adding  such  as  are  neces- 
sary for  the  preservation  of  the  rights  and  happiness  of  the  people  :  but 
the  articles  to  be  amended,  and  the  amendments  proposed,  and  such  ar- 
ticles as  are  proposed  to  ];e  added  or  abolished,  shall  be  promulgated  at 
least  six  months  before  the  day  appointed  for  the  election  of  such  con- 
vention, for  the  previous  consideration  of  the  people,  that  they  may 
have  an  opportunity  of  instructing  their  delegates  on  the  subject. 
By  order  of  Convention,  July  9th,  1793. 

THOMAS  CHITTENDEN,  President. 
Attest,  Lewis  R.  Morris,  Secretary. 


02  CONSTITUTION  OF 

CONSTITUTION  OF  RHODE  ISLAND. 

RATIFIED    BY    THE    VOTE    OF    THE    PEOPLE,     NOV.  21,  22    AND   23,    1842. 

We,  llie  people  of  the  State  of  Rhode  Island  and  Providence  Planta- 
tions, grateful  to  Almighty  God  for  the  civil  and  religious  liberty  which 
He  hath  so  long  permitted  us  to  enjoy,  and  looking  to  flini  for  a  blessing 
upon  our  endeavours  to  secure  and  to  transmit  the  same,  unimpaired,  to 
succeeding  generations,  do  ordain  and  establish  this  Constitution  of  Go- 
vernment. 

ARTICLE  1.  —  DECLARATION   OF   CERTAIN   CONSTITUTIONAL   RIGHTS   AND 
PRINCIPLES. 

In  order  effectually  to  secure  the  religious  and  political  freedom  estab- 
lished by  our  venerated  ancestors,  and  to  preserve  the  same  for  our  pos- 
terity, we  do  declare  that  the  essential  and  unquestionable  rights  and 
principles  hereinafter  mentioned,  shall  be  .established,  maintained,  and 
preserved,  and  shall  be  of  paramount  obligation  in  all  legislative,  judicial 
and  executive  proceedings. 

§  1.  In  the  words  of  the  Father  of  his  Country,  we  declare,  that  "  the 
basis  of  our  political  systems  is  the  right  of  the  people  to  make  and  alter 
their  constitutions  of  government;  but  that  the  constitution  which  at  any 
time  exists,  till  changed  by  an  explicit  and  authentic  act  of  the  whole 
people,  is  sacredly  obligatory  upon  all." 

§  2.  All  free  governments  are  instituted  for  the  protection,  safety,  and 
happiness  of  the  people.  All  laws,  therefore,  should  be  made  for  the 
good  of  the  whole ;  and  the  burdens  of  the  State  ought  to  be  fairly  distri- 
buted among  its  citizens. 

§  3.  Whereas,  Almighty  God  hath  created  the  mind  free ;  and  all 
attempts  to  influence  it  by  temporal  punishments  or  burthens,  or  by  civil 
incapacitations,  tend  to  beget  habits  of  hypocrisy  and  meanness  ;  and 
whereas  a  principal  object  of  our  venerated  ancestors,  in  their  migration 
to  this  country  and  their  settlement  of  this  State,  was,  as  they  expressed 
it,  to  hold  forth  a  lively  experiment  that  a  flourishing  civil  State  may 
stand  and  behest  maintained  with  full  liberty  in  religious  concernments: 
we,  therefore,  declare,  that  no  man  shall  be  compelled  to  frequent  or  to 
support  any  religious  worship,  place  or  ministry  whatever,  except  in  ful- 
filment  of  his  own  voluntary  contract ;  nor  enforced,  restrained,  molested 
or  burthcned  in  his  body  or  goods ;  nor  disqualified  from  holding  any 
office;  nor  otherwise  suffer  on  account  of  his  religious  belief;  and  that 
every  man  shall  be  free  to  worship  God  according  to  the  dictates  of  his 
own  conscience,  and  to  profess  and  by  argument  to  maintain  his  opinion 
in  matters  of  religion  ;  and  that  the  same  shall  in  no  wise  diminish,  en- 
large or  affect  his  civil  capacity. 

§  4.  Slavery  shall  not  be  permitted  in  this  State. 

§  5.  Every  person  within  this  State  ought  to  find  a  certain  remedy,  by 
having  recourse  to  the  laws,  for  all  injuries  or  wrongs  which  he  may 
receive  in  his  person,  propertj^  or  character.  He  ought  to  obtain  right 
and  justice  freely,  and  without  purchase,  completely  and  without  denial; 
promptly  and  witiiout  delay  ;  conformably  to  the  laws. 

§  6,  The  right  of  tlic  people  to  be  secure  in  their  persons,  papers,  and 
possessions,  against  unreasonable  searches  and  seizures,  sliall  not  be  vio- 
lated;  and  no  warrant  shall  issue,  but  on  complaint  in  writing,  upon 
probable  cause,  su[)ported  by  oath  or  affirmation,  and  describing  as  nearly 


RHODE    ISLAND.  93 

as  may  be,  the  place  to  be  searched,  and  the  persons  or  things  to  be 
seized. 

fj  7.  No  })erson  shall  be  held  to  answer  for  a  capital  or  other  infamous 
crime,  unless  on  presentment  or  indictment  by  a  grand  jury,  except  in 
cases  of  impeaclmient,  or  of  such  offences  as  are  cognizable  by  a  justice 
of  the  peace;  or  in  cases  arising  in  the  land  or  naval  forces,  or  in  the 
militia,  when  in  actual  service  in  time  of  war  or  public  danger.  No 
person  shall,  after  an  acquittal,  be  tried  for  the  same  offence. 

§  8.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed, 
nor  cruel  punishments  inflicted ;  and  all  punishments  ought  to  be  pro- 
portioned to  the  offence. 

§  9.  All  persons  imprisoned  ought  to  be  bailed  by  sufficient  surety, 
unless  for  offences  punishable  by  death  or  by  imprisonment  for  life,  when 
the  proof  of  guilt  is  evident,  or  the  presumption  great.  The  privilege  of 
the  writ  of  habeas  corpus  shall  not  be  suspended,  unless  when  in  cases  of 
rebellion  or  invasion  the  public  safety  shall  require  it ;  nor  ever  without 
the  authority  of  the  General  Assembly. 

§  10.  In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to 
a  speedy  and  public  trial,  by  an  impartial  jury ;  to  be  informed  of  the 
nature  and  cause  of  the  accusation,  to  be  confronted  with  the  witnesses 
against  him,  to  have  compulsory  process  for  obtaining  them  in  his  favour, 
to  have  the  assistance  of  counsel  in  his  defence,  and  shall  be  at  liberty  to 
speak  for  himself;  nor  shall  he  be  deprived  of  life,  liberty,  or  property, 
unless  by  the  judgment  of  his  peers,  or  the  law  of  the  land. 

§  11.  The  person  of  a  debtor,  when  there  is  not  strong  presumption  of 
fraud,  ought  not  to  be  continued  in  prison,  after  he  shall  have  delivered 
up  his  property  for  the  benefit  of  his  creditors,  in  such  manner  as  shall 
be  prescribed  by  law. 

§  12.  No  ex  post  facto  law,  or  law  imp^ring  the  obligation  of  con- 
tracts, shall  be  passed. 

§  13.  No  man  in  a  court  of  common  law  shall  be  compelled  to  give 
evidence  criminating  himself. 

^  14.  Every  man  being  presumed  innocent,  until  he  is  pronounced 
guilty  by  the  law,  no  act  of  severity  which  is  not  necessary  to  secure  an 
accused  person,  shall  be  permitted. 

§  15.  The  right  of  trial  by  jury  shall  remain  inviolate. 

§  16.  Private  property  shall  not  be  taken  for  public  uses,  without  just 
compensation. 

§  17.  The  people  shall  continue  to  enjoy  and  freely  exercise  all  the 
rights  of  fishery,  and  the  privileges  of  the  shore,  to  which  they  have 
been  heretofore  entitled  under  the  charter  and  usages  of  this  State.  But 
no  new  right  is  intended  to  be  granted,  nor  any  existing  right  impaired 
by  this  declaration. 

§  18.  The  military  shall  be  held  in  strict  subordination  to  the  civil 
authority.  And  the  law  martial  shall  be  used  and  exercised  in  such 
cases  only  as  occasion  shall  necessarily  require. 

§  19.  No  soldier  shall  be  quartered  in  any  house,  in  time  of  peace, 
without  the  consent  of  the  owner;  nor,  in  time  of  war,  but  in  manner  to 
be  prescribed  by  law. 

^  20,  The  liberty  of  the  press  being  essential  to  the  security  of  free- 
dom in  a  state,  any  penson  may  publish  his  sentiments  on  any  subject, 
being  responsible  for  the  abuse  of  that  liberty;  and  in  all  trials  for  libel, 
both  civil  and  criminal,  the  truth,  unless  published  from  malicious  mo- 
tives, shall  be  sufficient  defence  to  the  person  charged. 


94  CONSTITUTION   OF 

§  21.  The  citizens  have  a  right  in  a  peaceable  manner  to  assemble  for 
their  common  good,  and  to  apply  to  those  invested  with  the  powers  of 
government,  for  redress  of  grievances,  or  for  otiier  purposes,  by  petition, 
address,  or  remonstrance. 

§  22.  The  right  of  tlie  people  to  keep  and  bear  arms,  shall  not  be  in- 
fringed. 

§  23.  The  enumeration  of  the  foregoing  rights  shall  not  be  construed 
to  impair  or  deny  others  retained  by  the  people. 

ARTICLE  2. OF    THE   QUALIFICATION   OP    ELECTORS. 

§  1.  Every  male  citizen  of  the  United  States,  of  the  age  of  twenty  one 
years,  who  has  had  his  residence  and  home  in  this  State  for  one  year, 
and  in  the  town  or  city  in  which  he  may  claim  a  right  to  vote,  six  months 
next  preceding  the  time  of  voting,  and  who  is  really  and  truly  possessed 
in  his  own  riglit  of  real  estate  in  such  town  or  city  of  the  value  of  one 
hundred  and  thirty-four  dollars  over  and  above  all  incumbrances,  or  which 
shall  rent  for  seven  dollars  per  annum  over  and  above  any  rent  reserved 
or  the  interest  of  any  incumbrances  thereon,  being  an  estate  in  fee  sim- 
ple, fee  tail,  for  the  life  of  any  person,  or  an  estate  in  reversion  or  re- 
mainder, which  qualifies  no  other  person  to  vote,  the  conveyance  of 
which  estate,  if  by  deed,  shall  have  been  recorded  at  least  ninety  days, 
shall  thereafter  have  a  right  to  vote  in  the  election  of  all  civil  officers 
and  on  all  questions  in  all  legal  town  or  ward  meetings  so  long  as  he 
continues  so  qualified.  And  if  any  person  hereinbefore  described  shall 
own  any  such  estate  within  this  State  out  of  the  town  or  city  in  which 
he  resides,  he  shall  have  a  right  to  vote  in  tlie  election  of  all  general 
officers  and  members  of  the  General  Assembly  in  the  town  or  city  in 
which  he  shall  have  had  his  residence  and  home  for  the  term  of  six 
months  next  preceding  the  election,  upon  producing  a  certificate  from  the 
clerk  of  the  town  or  city  in  which  his  estate  lies,  bearing  date  within  ten 
days  of  the  time  of  his  voting,  setting  forth  that  such  person  has  a  suffi- 
cient estate  therein  to  qualify  him  as  a  voter;  and  that  the  deed,  if  any, 
has  been  recorded  ninety  days. 

§  2.  Every  male  native  citizen  of  the  United  States,  of  the  age  of 
twenty-one  years,  who  has  had  his  residence  and  home  in  this  State  two 
years  and  in  the  town  or  city  in  whicli  he  may  offer  to  vote,  six  months 
next  preceding  the  time  of  voting,  whose  name  is  registered  pursuant  to 
the  act  calling  the  convention  to  frame  this  constitution,  or  shall  be 
registered  in  the  office  of  the  clerk  of  such  town  or  city  at  least  seven 
days  before  the  time  he  shall  offer  to  vote,  and  before  the  last  day  of 
December  in  the  present  year ;  and  who  has  paid  or  shall  pay  a  tax  ojf— 
taxes  assessed  upon  his  estate  within  this  State  and  within  a  year  of  the 
time  of  voting  to  the  amom»ta)f  one  dollar,  or  who  shall  voluntarily  pay 
at  least  seven  days  before  the  time  he  shall  offer  to  vote,  and  before  said 
last  day  of  December,  to  the  clerk  or  treasurer  of  the  town  or  city  where 
he  resides,  the  sum  of  one  dollar,  or  such  sum  as  with  his  other  taxes, 
shall  amount  to  one  dollar,  for  the  support  of  public  schools  therein,  and 
shall  make  proof  of  the  same,  by  the  certificate  of  the  clerk,  treasurer  or 
collector  of  any  town  or  city  where  such  payment  is  made:  or,  who 
oeing  so  registered,  has  been  enrolled  in  any  milit;iry  company  in  this 
State,  and  done  military  service  or  duty  therein,  within  the  present  year, 
pursuant  to  law,  and  shall,  (until  other  proof  is  required  by  law,)  prove 
by  the  certificate  of  the  officer  legally  commanding  the  regiment,  or 
cliartcred,  or  legally  authorized  volunteer  company  in  which  he  may 


RHODE    ISLAND.  95 

have  served  or  done  duty,  that  he  has  been  equipped  and  done  duty  ac- 
cording to  law,  or  by  the  certificate  of  the  commissioners  upon  military 
claims,  that  he  has  performed  military  service,  shall  have  a  right  to  vote 
in  the  election  of  all  civil  officers,  and  on  all  questions  in  all  legally  or^ 
ganized  town  or  ward  meetings,  until  the  end  of  the  first  year  after  the 
adoption  of  this  constitution,  or  until  the  end  of  the  year  eighteen  hun- 
dred and  forty-three. 

From  and  after  that  time,  every  such  citizen  who  has  had  the  resi- 
dence herein  required,  and  whose  name  siiall  be  registered  in  the  town 
where  he  resides,  on  or  before  the  last  day  of  December,  in  the  year 
next  preceding  the  time  of  his  voting,  and  who  shall  show  by  legal 
proof,  that  he  has  for  and  within  the  year  next  preceding  the  time  he 
shall  offer  to  vote,  paid  a  tax  or  taxes  assessed  against  him  in  any  town 
or  city  in  this  State,  to  the  amount  of  one  dollar,  or  that  he  has  been 
enrolled  in  a  military  company  in  this  State,  been  equipped  and  done 
duty  therein,  according  to  Jaw,  and  at  least,  for  one  day  during  such 
year,  shall  have  a  right  to  vote  in  the  election  of  all  civil  officers,  and  on 
all  questions  in  all  legally  organized  town  or  ward  meetings  :  Provided, 
that  no  person  siiall  at  any  time  be  allowed  to  vote  in  the  election  of  the 
City  Council  of  the  city  of  Providence,  or  upon  any  proposition  to  im- 
pose a  tax  or  for  tbe  expenditure  of  money  in  any  town  or  city,  unless 
he  shall  within  the  year  next  preceding,  have  paid  a  tax  assessed  upon 
his  property  therein,  valued  at  least,  at  one  hundred  and  thirty-four 
dollars. 

§  3.  The  assessors  of  each  town  or  city  shall  annually  assess  upon 
every  person  whose  name  shall  be  registered,  a  tax  of  one  dollar,  or 
such  sum  as  with  his  other  taxes  shall  amount  to  one  dollar,  which 
registry  tax  shall  be  paid  into  the  treasury  of  such  town  or  city,  and  be 
applied  to  the  support  of  public  schools  therein :  But  no  compulsory 
process  shall  issue  for  the  collection  of  any  registry  tax  :  Provided,  that 
the  registry  tax  of  every  person  who  has  performed  military  duty  accord- 
ing to  the  provisions  of  the  preceding  section,  shall  be  remitted  for  the 
year  he  shall  perform  such  duty  ;  and  the  registry  tax  assessed  upon  any 
mariner,  for  any  year  while  he  is  at  sea,  shall,  upon  his  application,  be 
remitted  ;  and  no  person  shall  be  allowed  to  vote  whose  registry  tax  for 
either  of  the  two  years  next  preceding  the  time  of  voting  is  not  paid  or 
remitted  as  herein  provided. 

§  4.  No  person  in  the  military,  naval,  marine,  or  any  other  service  of 
the  United  States,  shall  be  considered  as  having  the  required  residence 
by  reason  of  being  employed  in  any  garrison,  barrack,  or  military  or 
naval  station  in  this  State :  and  no  pauper,  lunatic,  person  non  compos 
mentis,  person  under  guardianship,  or  member  of  the  Narragansett  tribe 
of  Indians,  shall  be  permitted  to  be  registered  or  to  vote.  Nor  shall  any 
person  convicted  of  bribery  or  of  any  crime  deemed  infamous  at  com- 
mon law,  be  permitted  to  exercise  that  privilege,  until  he  be  expressly 
restored  thereto  by  act  of  the  General  Assembly. 

.  §  5.  Persons  residing  on  lands  ceded  by  this  State  to  the  United  States, 
shall  not  be  entitled  to  exercise  the  privilege  of  electors. 

§  6.  The  General  Assembly  shall  have  full  power  to  provide  for  a 
registry  of  voters,  to  prescribe  the  manner  of  conducting  the  elections, 
the  form  of  certificates,  the  nature  of  the  evidence  to  be  required  in  case 
of  a  dispute  as  to  the  right  of  any  person  to  vote,  and  generally  to  enact 
all  laws  necessary  to  carry  this  article  into  efiect,  and  to  prevent  abuse, 
corruption,  and  fraud  in  voting. 


96  CONSTITUTION    OF 

ARTICLE   3. OF   THE   DISTRIBUTION   OF   POWERS. 

The  powers  of  the  government  shall  be  distributed  into  three  depart* 
ments ;  the  Legislative,  Executive,  and  Judicial. 

ARTICLE    4.  —  OF   THE   LEGISLATIVE   POWER. 

§  1.  This  Constitution  shall  be  the  supreme  law  of  the  State,  and  any 
law  inconsistent  therewith  shall  be  void.  The  General  Assembly  shall 
pass  all  laws  necessary  to  carry  this  Constitution  into  effect. 

§  2.  The  Legislative  power,  under  this  Constitution,  shall  be  vested  in 
two  Houses,  tiie  one  to  be  called  the  Senate,  the  other  the  House  of 
Representatives ;  and  both  together  the  General  Assembly.  The  con- 
currence  of  the  two  Houses  shall  be  necessary  to  the  enactment  of  laws. 
The  style  of  their  laws  shall  be.  It  is  enacted  by  the  General  Assembly 
as  follows : 

§  3.  There  shall  be  two  sessions  of  the  General  Assembly  holden 
annually  ;  one  at  Newport,  on  the  first  Tuesday  of  May,  for  the  pur- 
poses of  election  and  other  business ;  the  other  on  the  last  Monday  of 
October,  which  last  session  shall  be  holden  at  South  Kingstown,  once  in 
two  years,  and  the  intermediate  years  alternately  at  Bristol,  and  East 
Greenwich;  and  an  adjournment  from  the  October  session  shall  be 
holden  annually  at  Providence. 

§  4.  No  member  of  the  General  Assembly  shall  take  any  fee,  or  be  of 
counsel  in  any  case  pending  before  either  House  of  the  General  Assem- 
bly, under  penalty  of  forfeiting  his  seat,  upon  proof  thereof  to  the  satis- 
faction of  the  House  of  which  he  is  a  member. 

§  5.  The  person  of  every  member  of  the  General  Assembly  shall  ba 
exempt  from  arrest  and  his  estate  from  attachment  in  any  civil  action, 
during  the  session  of  the  General  Assembly,  and  two  days  before  the 
commencement,  and  two  days  after  the  termination  thereof,  and  all  pro- 
cess served  contrary  hereto  shall  be  void.  For  any  speech  in  debate  in 
either  House,  no  member  shall  be  questioned  in  any  other  place. 

§  6.  Each  House  shall  be  the  judge  of  the  elections  and  qualifications 
of  its  members ;  and  a  majority  shall  constitute  a  quorum  to  do  busi- 
ness ;  but  a  smaller  number  may  adjourn  from  day  to  day,  and  may 
compel  the  attendance  of  absent  members,  in  such  manner,  and  under 
such  penalties  as  may  be  prescribed  by  such  House  or  by  law.  The 
organization  of  the  two  Houses  may  be  regulated  by  law,  subject  to  the 
limitations  contained  in  this  constitution. 

§  7.  Each  House  may  determine  its  rules  of  proceeding,  punish  con- 
tempts, punish  its  members  for  disorderly  behaviour,  and,  with  the  con- 
currence of  two-thirds,  expel  a  member ;  but  not  a  second  time  for  the 
same  cause. 

§  8.  Each  House  shall  keep  a  journal  of  its  proceedings.  The  yeas 
and  nays  of  the  members  of  either  House,  shall,  at  the  desire  of  one- 
fiftli  of  tlinse  present,  be  entered  on  the  journal. 

§  9.  Nuther  House  shall,  during  a  session,  without  the  consent  of  the 
other,  adjourn  for  more  than  two  days,  nor  to  any  other  place  than  that 
in  wliich  tliey  may  be  sitting. 

§  10.  Tlie  General  Assembly  shall  continue  to  exercise  the  powers 
they  have  heretofore  exercised,  unless  prohibited  in  this  constitution. 

§  11.  The  Senators  and  Representatives  shall  receive  tlie  sum  of  one 
dollar  for  every  day  of  attendance,  and  eight  cents  per  mile  for  travelling 
expenses  in  going  to  and  returning  from  the  General  Assembly.     The 


RHODE    ISLAND.  97 

General  Assembly  shall  regulate  the  compensation  of  the  Governor  and 
all  other  officers,  subject  to  the  limitations  contained  in  this  constitution. 

§  12.  All  lotteries  shall  hereafter  be  prohibited  in  this  State,  except 
those  already  authorized  by  the  General  Assembly. 

§  13.  The  General  Assembly  shall  have  no  power,  hereafter,  without 
the  express  consent  of  the  people,  to  incur  State  debts  to  an  amount 
exceeding  fifty  thousand  dollars,  except  in  time  of  war,  or  in  case  of 
insurrection  or  invasion,  nor  shall  they  in  any  case,  without  such  con- 
sent, pledge  the  faith  of  the  State  for  the  payment  of  the  obligations  of 
others.  This  section  shall  not  be  construed  to  refer  to  any  money  that 
may  be  deposited  with  this  State  by  the  Government  of  the  United 
States. 

^14.  The  assent  of  two-thirds  of  the  members  elected  to  each  House 
of  the  General  Assembly  shall  be  required  to  every  bill  appropriating 
the  public  money  or  property  for  local  or  private  purposes. 

§  15.  The  General  Assembly  shall,  from  time  to  time,  provide  for 
making  new  valuations  of  property,  for  the  assessment  of  taxes,  in  such 
manner  as  they  may  deem  best.  A  new  estimate  of  such  property  shall 
be  taken  before  the  first  direct  State  tax  after  the  adoption  of  this  con- 
stitution, shall  be  assessed. 

§  16.  The  General  Assembly  may  provide  by  law  for  the  continuance 
m  office  of  any  officers  of  annual  election  or  appointment,  until  other 
persons  are  qualified  to  take  their  places. 

§  17.  Hereafter,  when  any  bill  shall  be  presented  to  either  House  of 
the  General  Assembly,  to  create  a  corporation  for  any  other  than  for 
religious,  literary,  or  charitable  purposes,  or  for  a  military,  or  fire  com- 
pany, it  shall  be  continued  until  another  election  of  members  of  the 
General  Assembly  shall  have  taken  place,  and  such  public  notice  of  the 
pendency  thereof  shall  be  given  as  may  be  required  by  law. 

§  18.  It  shall  be  the  duty  of  the  two  Houses  upon  the  request  of  either, 
to  join  in  grand  committee  for  the  purpose  of  electing  Senators  in  Con- 
gress, at  such  times  and  in  such  manner  as  may  be  prescribed  by  law 
for  said  elections. 

ARTICLE   5. OF   THE   HOUSE   OF   REPRESENTATIVES. 

§  1.  The  House  of  Representatives  shall  never  exceed  seventy-two 
members,  and  shall  be  constituted  on  the  basis  of  population,  always 
allowing  one  Representative  for  a  fraction  exceeding  half  the  ratio;  but 
each  town  or  city  shall  always  be  entitled  to  at  least  one  member  ;  and 
no  town  or  city  shall  have  more  than  one-sixth  of  the  whole  number  of 
members  to  which  the  House  is  hereby  limited.  The  present  ratio  shall 
be  one  representative  to  every  fifteen  hundred  and  thirty  inhabitants,  and 
the  General  Assembly  may,  after  any  new  census  taken  by  the  authority 
of  the  United  States,  or  of  this  State,  re-apportion  the  representation  by 
altering  the  ratio ;  but  no  town  or  city  shall  be  divided  into  districts  for 
the  choice  of  representatives- 

§  2.  The  House  of  Representatives  shall  have  authority  to  elect  its 
speaker,  clerks,  and  other  officers.  The  senior  member  from  the  town 
of  Newport,  if  any  be  present,  shall  preside  in  the  organization  of  the 
House. 

ARTICLE    6. OF   THE    SENATE. 

§  1.  The  Senate  shall  consist  of  the  Lieutenant-Governor,  and  of  one 
Senator  from  each  town  or  city  in  the  State. 

§  2.  The  Governor,  and,  in  his  absence,  the  Lieutenant-Governor  shall 

I 


98  CONSTITUTION   OF 

preside  in  the  Senate  and  in  grand  committee.  The  presiding  officer  of 
the  Senate  and  grand  committee  shall  have  a  right  to  vote  in  case  of 
equal  division,  but  not  otherwise. 

§  3.  If,  by  reason  of  death,  resignation,  absence,  or  other  cause,  there 
be  no  Governor  or  Lieutenant-Governor  present,  to  preside  in  the  Senate, 
the  Senate  shall  elect  one  of  their  own  members  to  preside  during  such 
absence  or  vacancy  ;  and  until  such  election  is  made  by  the  Senate,  the 
Secretary  of  State  shall  preside. 

§  4.  The  Secretary  of  State  shall,  by  virtue  of  his  office,  be  Secretary 
of  the  Senate,  unless  otherwise  provided  by  law ;  and  the  Senate  may 
elect  such  other  officers  as  they  may  deem  necessary. 

ARTICLE    7. OF   THE  EXECUTIVE   POWER. 

§  1.  The  chief  executive  power  of  this  State  shall  be  vested  in  a 
Governor,  who,  together  with  a  Lieutenant-Governor,  shall  be  annually 
elected  by  the  people. 

§  2.  The  Governor  shall  take  care  that  the  laws  be  faithfully  executed. 

§  3.  He  shall  be  captain-general  and  commander-in-chief  of  the  mili- 
tary and  naval  forces  of  this  State,  except  when  they  shall  be  called  into 
the  service  of  the  United  States. 

§  4.  He  shall  have  power  to  grant  reprieves  after  conviction,  in  all 
cases  except  those  of  impeachment,  until  the  end  of  the  next  session  c^ 
the  General  Assembly. 

§  5.  He  may  fill  vacancies  in  office  not  otherwise  provided  for  by  this 
constitution  or  by  law,  until  the  same  shall  be  filled  by  the  General 
Assembly,  or  by  the  people. 

§  6.  In  case  of  disagreement  between  the  two  Houses  of  the  General 
Assembly,  respecting  the  time  or  place  of  adjournment,  certified  to  hin» 
by  either,  he  may  adjourn  them  to  such  time  and  place  as  he  shall  think 
proper ;  provided  that  the  time  of  adjournment  shall  not  be  extended 
beyond  the  day  of  the  next  stated  session. 

§  7.  He  may,  on  extraordinary  occasions,  convene  the  General  Assem- 
bly at  any  town  or  city  in  this  State,  at  any  time  not  provided  for  by 
law  ;  and  in  case  of  danger  from  the  prevalence  of  epidemic  or  contagi- 
ous disease,  in  the  place  in  which  the  General  Assembly  are  by  law  to 
meet,  or  to  which  they  may  have  been  adjourned ;  or  for  other  urgent 
reasons,  he  may,  by  proclamation,  convene  said  Assembly,  at  any  other 
place  within  this  State. 

§  8.  All  commissions  shall  be  in  the  name  and  by  authority  of  the 
State  of  Rhode  Island  and  Providence  Plantations ;  shall  be  sealed  with 
the  State  seal,  signed  by  the  Governor  and  attested  by  the  Secretary. 

§  9.  In  case  of  vacancy  in  the  office  of  Governor,  or  of  his  inability 
to  serve,  impeachment,  or  absence  from  the  State,  the  Lieutenant- 
Governor  shall  fill  the  office  of  Governor  and  exercise  the  powers  and 
authority  appertaining  thereto,  until  a  Governor  is  qualified  to  act,  or 
until  the  office  is  filled  at  the  next  annual  election. 

§  10.  If  the  offices  of  Governor  and  Lieutenant-Governor  be  both 
vacant  by  reason  of  death,  resignation,  impeachment,  absence,  or  other- 
wise, the  person  entitled  to  preside  over  the  Senate  for  the  time  being, 
shall  in  like  manner  fill  the  office  of  Governor  during  such  absence  or 
vacancy. 

§  11.  The  compensation  of  the  Governor  and  Lieutenant-Governor 
shall  be  established  by  law,  and  shall  not  be  diminished  during  the  term 
for  which  they  are  elected. 


RHODE    ISLAND.  99 

§  12.  The  duties  and  powers  of  the  Secretary,  Attorney-General,  and 
General  Treasurer,  shall  be  the  same  under  this  constitution  as  are  now 
established,  or  as  from  time  to  time  may  be  prescribed  by  law. 

ARTICLE   8. OF   ELECTIONS. 

§  1.  The  Governor,  Lieutenant-Governor,  Senators,  Representatives, 
Secretary  of  State,  Attorney-General,  and  General  Treasurer,  shall  be 
elected  at  the  town,  city,  or  ward  meetings,  to  be  holden  on  the  first 
Wednesday  of  April,  annually ;  and  shall  severally  hold  their  offices  for 
one  year,  from  the  first  Tuesday  of  May  next,  succeeding,  and  until 
others  are  legally  chosen,  and  duly  qualified  to  fill  tlieir  places.  If 
elected  or  qualified  after  the  said  first  Tuesday  of  May,  they  shall  hold 
their  offices  for  the  remainder  of  the  political  year,  and  until  their  sue- 
cessors  are  qualified  to  act, 

§  2.  The  voting  for  Governor,  Lieutenant-Governor,  Secretary  of 
State,  Attorney-General,  General  Treasurer,  and  Representatives  to  Con- 
gress, shall  be  by  ballot ;  Senators  and  Representatives  to  the  General 
Assembly,  and  town  or  city  officers,  shall  be  chosen  by  ballot,  on  demand 
of  any  seven  persons  entitled  to  vote  for  the  same ;  and  in  all  cases 
where  an  election  is  made  by  ballot  or  paper  vote,  the  manner  of  ballot- 
ing shall  be  the  same  as  is  now  required  in  voting  for  general  officers, 
until  otherwise  prescribed  by  law. 

§  3.  The  names  of  the  persons  voted  for  as  Governor,  Lieutenant- 
Governor,  Secretary  of  State,  Attorney-General,  and  General  Treasurer, 
shall  be  placed  upon  one  ticket,  and  all  votes  for  these  officers  shall,  in 
open  town  or  ward  meetings  be  sealed  up  by  the  moderators  and  town 
clerks  and  by  the  wardens  and  ward  clerks,  who  shall  certify  the  same 
and  dehver  or  send  them  to  the  Secretary  of  State ;  whose  duty  it  shall 
be  securely  to  keep  and  deliver  the  same  to  the  grand  committee,  after 
the  organization  of  the  two  Houses  at  the  annual  May  session;  and  it 
shall  be  the  duty  of  the  two  Houses  at  said  session,  after  their  organiza- 
tion, upon  the  request  of  either  House,  to  join  in  grand  committee,  for 
the  purpose  of  counting  and  declaring  said  votes,  and  of  electing  other 
officers. 

§  4.  The  town  and  ward  clerks  shall  also  keep  a  correct  list  or  regis- 
ter, of  all  persons  voting  for  general  officers,  and  shall  transmit  a  copy 
thereof  to  the  General  Assembly,  on  or  before  the  first  day  of  said  May 
session. 

§  5.  The  ballots  for  Senators  and  Representatives  in  the  several  towns, 
shall  in  each  case  after  the  polls  are  declared  to  be  closed,  be  counted  by 
the  moderator,  who  shall  announce  the  result,  and  the  clerk  shall  give 
certificates  to  the  persons  elected.  If,  in  any  case,  there  be  no  election, 
the  polls  may  be  re-opened,  and  the  hke  proceedings  shall  be  had  until 
an  election  shall  take  place :  Provided,  however,  that  an  adjournment  or 
adjournments  of  the  election  may  be  made  to  a  time  not  exceeding  seven 
days  from  the  first  meeting. 

§  6.  In  the  city  of  Providence,  the  polls  for  Senator  and  Representa- 
tives shall  be  kept  open  during  the  whole  time  of  voting  for  the  day, 
and  the  votes  in  the  several  wards  shall  be  sealed  up  at  the  close  of  the 
meeting  by  the  wardens  and  ward  clerks  In  open  ward  meeting,  and 
afterwards  delivered  to  the  city  clerk.  The  Mayor  and  Aldermen  shall 
proceed  to  count  said  votes  within  two  days  from  the  day  of  election ; 
and  if  no  election  of  Senator  and  Representatives,  or  if  an  election  of 
only  a  portion  of  the  Representatives  shall  have  taken  place,  the  Mayor 


leO  CONSTITUTION   OF 

and  Aldermen  shall  order  a  new  election,  to  be  held  not  more  than  ten 
days  from  the  day  of  the  first  election,  and  so  on  until  the  election  shall 
be  completed.  Certificates  of  election  shall  be  furnished  by  the  city 
clerk  to  the  persons  chosen. 

§  7.  If  no  person  shall  have  a  majority  of  rotes  for  Governor,  it  shall  be  the 
duty  of  the  grand  committee  to  elect  one  by  ballot  from  the  two  persons  having 
the  highest  number  of  votes  for  tlie  office,  except  when  such  a  result  >s  produced 
by  rejecting  the  entire  vote  of  any  town,  city,  or  ward,  for  informality  or  ille- 
gality, in  which  case  a  new  election  by  the  electors  throughout  the  State  shall  be 
ordered;  and  in  case  no  person  shall  have  a  oiajority  of  votes  for  Lieutenant' 
Governor,  it  shall  be  the  duty  of  the  grand  committee  to  elect  one  by  ballot  from 
the  two  persons  having  the  highest  number  of  votes  for  the  office. 

§  8.  In  case  an  election  of  the  Secretary  of  State,  Attorney-General,  or  General 
Treasurer,  should  fail  to  be  made  by  the  electors  at  the  annual  election,  the 
vacancy  or  vacancies  shall  be  filled  by  the  General  Assembly  in  grand  committee, 
from  the  two  candidates  for  such  oflice  having  the  greatest  number  of  the  votes 
of  the  electors.  Or,  in  case  of  a  vacancy  in  either  of  said  offices  from  other 
causes,  between  the  sessions  of  the  General  Assembly,  the  Governor  shall  appoint 
some  person  to  fill  the  same  until  a  successor  elected  by  the  General  Assembly  is 
qualified  to  act ;  and  in  such  case,  and  also  in  all  other  cases  of  vacancies,  not 
otherwise  provided  for,  the  General  Assembly  may  fill  the  same  in  any  manner 
they  may  deem  proper. 

§  9.  Vacancies  from  any  cause  in  the  Senate  or  House  of  Representatives  may 
be  filled  by  a  new  election. 

§  10.  Tn  all  elections  held  by  the  people,  under  this  constitution,  a  majority  of 
all  the  electors  voting  shall  be  necessary  to  the  election  of  the  persons  voted  for. 

ARTICLE  9. OF   QUALIFICATIONS   FOB.   OFFICE. 

§  1.  No  person  shall  be  eligible  to  any  civil  office^  (excei)t  the  office  of  school 
committee,)  unless  be  be  a  qualified  elector  for  such  office. 

§  2.  Every  person  shall  be  disqualified  from  holding  any  office  to  which  he  may 
have  been  elected,  if  he  be  convicted  of  having  ofiered,  or  procured  any  other 
person  to  offi^r,  any  bribe  to  secure  his  election,  or  the  election  of  any  other 
person. 

§  3.  All  general  officers  shall  take  the  following  engagement  before  they  act  in 
their  respective  offices,  to  wit:  You  being  by  the  free  vote  of  the 

electors  of  this  State  of  Rhode  Island  and  Providence  Plantations,  elected  unto 
the  place  of  do  solemnly  swear  (or  affirm)  to  be  true  and  faithful 

unto  this  State,  and  to  support  the  Constitution  of  this  State  and  of  the  United 
States  ;  that  you  will  faithfully  and  impartially  discharge  all  the  duties  of  your 
aforesaid  office  to  the  best  of  your  abilities,  according  to  law :  So  help  you  God. 
Or,  this  affirmation  you  make  and  give  upon  the  peril  of  the  penalty  of  perjury. 

§  4.  Tlie  members  of  the  General  Assembly,  the  Judges  of  all  the  Courts,  and 
all  other  officers,  both  civil  and  military,  shall  be  bound  by  oath  or  affirmation  to 
support  this  Constitution,  and  the  Constitution  of  the  United  States. 

§  5.  The  oath,  or  affirmation,  shall  be  administered  to  the  Governor,  Lieuten- 
ant-Governor, Senators,  and  Representatives  by  the  Secretary  of  State,  or,  in  his 
absence,  by  the  Attorney-General.  The  Secretary  of  State,  Attorney-General, 
and  General  Treasurer,  shall  be  engaged  by  the  Governor,  or  by  a  Justice  of  the 
Supreme  Court. 

§  6.  No  person  holding  any  office  under  the  government  of  the  United  States,  or 
of  any  other  State  or  country,  shall  act  as  a  general  officer,  or  as  a  member  of  the 
General  Assembly,  unless  at  the  time  of  taking  his  engagement,  he  shall  have 
resigned  his  office  under  such  government;  and  if  any  general  officer.  Senator, 
Representative,  or  Judge,  shall,  after  his  election  and  engagement,  accept  any 
appointment  under  any  other  government,  his  office  under  this  shall  be  imme- 
diately vacated ;  but  this  restriction  shall  not  apply  to  any  person  appointed  to 
take  depositions  or  acknowledgements  of  deeds,  or  other  legal  instruments,  by 
•he  authority  of  any  other  State  or  country. 

ARTICLE  10. OF   THE    JUDICIAL  POWER. 

§  1.  The  Judicial  power  of  this  State  shall  be  vested  in  one  Supreme  Court,  and 
in  such  inferior  courts  as  the  General  Assembly  may,  from  time  to  time,  ordain 
and  establish. 

§  2.  The  several  courts  shall  have  such  jurisdiction  as  may  from  time  to  time  be 
prescribed  by  law.  Chancery  (lowers  may  be  conferred  on  the  Supreme  Court,  but 
on  no  other  Court  to  any  greater  extent  than  is  now  provided  by  law. 


RHODE   ISLAND.  lOJ 

I  3.  Tlie  Judges  of  the  Supreme  Court  shall,  ip  all  trials,  instruct  the  iu.y  in 
Ihe  law.  They  shall  also  give  their  written  opinion  upon  any  question  of  law 
whenever  requested  by  the  Governor,  or  by  either  House  of  the  General  Assem- 
bly. 

S  4  The  Judges  of  the  Supreme  Court  shall  be  elected  by  the  two  Houses  in 
grand  committee.  Each  Judge  shall  hold  his  office  until  his  place  be  declared 
vacant  by  a  resolution  of  the  General  Assembly  to  that  effect ;  which  resolution 
shall  be  voted  for  by  a  majority  of  all  the  members  elected  to  the  House  in  which 
it  may  originate,  and  be  concurred  in  by  the  same  majority  of  the  other  House. 
Such  resolution  shall  not  be  entertained  at  any  other  than  the  annual  session  for 
the  election  of  public  officers;  and  in  default  of  the  passage  thereof  at  said  ses- 
sion, the  Judge  shall  hold  liis  place  as  is  herein  provided.  But  a  Judge  of  any 
court  shall  be  removed  from  office,  if,  upon  impeachment,  he  shall  be  found  guilty 
of  any  official  misdemeanor. 

§  5.  In  case  of  vacancy  by  death,  resignation,  removal  from  the  State  or  from 
office,  refusal  or  inability  to  serve,  of  any  Judge  of  the  Supreme  Court,  the  office 
may  be  filled  by  the  grand  committee,  until  the  next  annual  election,  and  the 
Judge  then  elected  shall  hold  his  office  as  before  provided.  In  cases  of  impeach- 
ment, or  temporary  absence  or  inability,  the  Governor  may  appoint  a  person  to 
discharge  the  duties  of  the  office  during  the  vacancy  caused  thereby. 

§  6.  The  Judges  of  the  Supreme  Court  shall  receive  a  compensation  for  their 
services,  which  shall  not  be  diminished  during  their  continuance  in  office. 

§  7.  Tlie  towns  of  New  Shoreham  and  Jamestown  may  continue  to  elect  their 
wardens  as  heretofore.  The  other  towns  and  the  city  of  Providence,  may  elect 
«uch  number  of  justices  of  the  peace,  resident  therein,  as  they  may  deem  proper. 
The  jurisdiction  of  said  justices  and  wardens  shall  be  regulated  by  law.  The 
justices  shall  be  commissioned  by  the  Governor. 

ARTICLE  11. OF   IMPEACHMENTS. 

§  1.  Tlie  House  of  Representatives  shall  have  the  sole  power  of  impeachment. 
A  vote  of  two-thirds  of  all  the  members  elected  shall  be  required  for  an  impeach- 
ment of  the  Governor.  Any  officer  impeached,  shall  thereby  be  suspended  from 
office  until  judgment  in  the  case  shall  have  been  pronounced. 

§  2.  All  impeachments  shall  be  tried  by  the  Senate  ;  and,  when  sitting  for  that 
purpose,  they  shall  be  under  oath  or  affirmation.  No  person  shall  be  convicted 
except  by  vote  of  two- thirds  of  the  members  elected.  When  the  Governor  is  im- 
peached, the  chief  or  presiding  justice  of  the  Supreme  Court  for  the  time  being, 
shall  preside,  with  a  casting  vote  in  all  preliminary  questions. 

§  3.  The  Governor  and  all  other  executive  and  judicial  officers,  shall  be  liable  to 
impeachment;  but  judgment  in  such  cases  shall  not  extend  further  than  to 
removal  from  office.  The  person  convicted,  shall,  nevertheless,  be  liable  to  in- 
dictment, trial,  and  punishment,  according  to  law. 

ARTICLE   12. OF   EDUCATION. 

§  1.  The  diffusion  of  knowledge,  as  well  as  of  virtue,  among  the  people,  being 
essential  to  the  preservation  of  their  rights  and  liberties,  it  shall  be  the  duty  of 
the  General  Assembly  to  promote  public  schools,  and  to  adopt  all  means  which 
they  may  deem  necessary  and  proper  to  secure  to  the  people  the  advantages  and 
opportunities  of  education. 

§  2.  The  money  which  now  is,  or  which  may  hereafter  be  appropriated  by  law 
for  the  establishment  of  a  permanent  fund  for  the  support  of  public  schools,  shall 
he  securely  invested  and  remain  a  perpetual  fund  for  that  purpose. 

§3.  All  donations  for  the  support  of  public  schools  or  for  other  purposes  of 
education,  which  may  be  received  by  the  General  Assembly,  shall  be  applied 
according  to  the  terms  prescribed  by  the  donors. 

§  4.  Tlte  General  Assembly  shall  make  all  necessary  provisions  by  law  for  car- 
rying this  article  into  effect.  They  shall  not  divert  said  money  or  fund  from  the 
aforesaid  uses,  nor  borrow,  appropriate,  or  use  the  same,  or  any  part  thereof,  for 
any  other  purpose,  under  any  pretence  whatsoever. 

ARTICLE  13. ON   AMENDMENTS. 

The  General  Assembly  may  propose  amendments  to  this  constitution  by  th.e 
votes  of  a  majority  of  all  the  members  elected  to  each  House.  Such  propositions 
for  amendment  shall  be  published  in  the  newspapers,  and  printed  copies  of  them 
shall  be  sent  by  the  Secretary  of  State,  with  the  names  of  all  the  members  who 
shall  have  voted  thereon,  with  the  yeas  and  nays,  to  all  the  town  and  city  clerks 
in  the  State.  The  said  propositions  shall  be,  by  said  clerks,  inserted  in  the  war- 
rants or  notices  by  them  issued,  for  warning  the  next  annual  town  and  ward 
meetings  in  April ;  and  the  clerks  shall  read  said  propositions  to  the  electors  when 

i2 


102  CONSTITUTION  OF 

thus  asverabled,  wth  the  naiups  of  all  the  Representatives  and  Senators  who  shall 
nave  voted  thereon,  with  the  yeas  and  nays,  before  the  election  of  Senators  and 
Representatives  shall  be  had.  If  a  majority  of  all  the  members  elected  to  each 
House,  at  said  annual  meeting,  shall  approve  any  proposition  thus  made,  the 
game  shall  be  published  and  submitted  to  the  electors  in  the  mode  provided  in  the 
act  of  approval;  and  if  then  approved  by  three-fifths  of  the  electors  of  the  State 
present,  and  voting  thereon  in  town  and  ward  meetings,  it  shall  become  a  part 
of  the  constitution  of  the  State. 

ARTICLE  14. OF    THE    ADOPTION   OF    THIS   CONSTITUTION. 

§  1.  This  constitution,  if  adopted,  shall  go  into  operation  on  the  first  Tuesday 
of  May,  ia  the  year  one  thousand  eight  hundred  and  forty-three.  The  first  elec- 
tion of  Governor,  Lieutenant-Governor,  Secretary  of  State,  Attorney-General, 
and  General  Treasurer,  and  of  Senators  and  Representatives  under  said  constitu- 
tion, shall  be  had  on  the  first  Wednesday  of  April  next  preceding,  by  the  electors 
qualified  under  said  constitution.  And  the  town  and  ward  meetings  therefore 
shall  be  warned  and  conducted  as  is  now  provided  by  law.  All  civil  and  military 
officers  now  elected,  or  who  shall  hereafter  be  elected,  by  tl)e  General  Assembly, 
or  other  competent  authority,  before  the  said  first  Wednesday  of  April,  shall  hold 
their  offices  and  may  exercise  their  powers  until  the  said  first  Tuesday  of  May,  or 
until  their  successors  shall  be  qualified  to  act.  All  statutes,  public  and  private, 
not  repugnant  to  this  constitution,  shall  continue  in  force  until  they  expire  by 
their  own  limitation,  or  are  repealed  by  the  General  Assembly.  All  charters,  con- 
tracts, judgments,  actions,  and  rights  of  action,  shall  be  as  valid  as  if  this  consti- 
tution had  not  been  made.  The  present  government  shall  exercise  all  the  powers 
with  which  it  is  now  clothed,  until  the  said  first  Tuesday  of  May,  one  thousand 
eight  hundred  and  forty-three,  and  until  the  government  under  this  constitution 
is  duly  organized. 

§  2.  All  debts  contracted  and  engagements  entered  into,  before  the  adoption  of 
this  constitution,  shall  be  as  valid  against  the  State  as  if  this  constitution  had 
not  been  adopted. 

§  3.  Tlie  Supreme  Court,  established  by  this  constitution,  shall  have  the  same 
jurisdiction  as  the  Supreme  Judicial  Court  at  present  established,  and  shall  have 
jurisdiction  of  all  causes  which  may  be  appealed  to,  or  pending  in  the  same ;  and 
shall  be  held  at  the  same  times  and  places,  and  in  each  county,  as  the  present 
Supreme  Judicial  Court,  until  otherwise  prescribed  by  the  General  Assembly. 

§  4.  The  towns  of  New  Shoreham  and  Jamestown  shall  continue  to  enjoy  the 
exemptions  from  military  duty  which  they  now  enjoy,  until  otherwise  prescribed 
by  law. 

Done  in  Convention,  at  East-Greenwich,  this  fifth  day  of  November,  eighteen 
hundred  and  forty-two. 

JAMES  FENNER,  President. 
HENRY  Y.  CRANSTON,  Vice-PresH. 

Thomas  A.  Jknckes,  )  secretaries 

Walter  W.  Updike,  \  ^^^'^'^^'^s- 


/ 


CONSTITUTION   OF  CONNECTICUT. 


PREAMBLE. 

The  people  of  Connecticut,  acknowledging,  with  gratitude,  the  good 
providence  of  God,  in  having  permitted  them  to  enjoy  a  free  government, 
do,  in  order  more  effectually  to  define,  secure,  and  perpetuate  the  liber- 
ties, rights,  and  privileges  which  they  have  derived  from  their  ancestors, 
hereby,  after  a  careful  consideration  and  revision,  ordain  and  establish 
the  following  constitution  and  form  of  civil  government. 

ARTICLE   I. 

Declaration  of  Rights. 

That  the  great  and  essential  principles  of  liberty  and  free  government 
may  be  recognised  and  established,  we  declare  : 

fj  1.  That  all  men,  when  they  form  a  social  compact,  are  equal  in 


CONNECTICUT.  103 

rights ;  and  that  no  man,  or  set  of  men,  are  entitled  to  exclusi-ve  public 
emoluments  or  privileges  from  the  community. 

§  2.  That  all  political  power  is  inherent  in  the  people,  and  all  free  go- 
vernments are  founded  on  their  authority,  and  instituted  for  theii 
benefit ;  and  that  they  have  at  all  times  an  undeniable  and  indefeasible 
right  to  alter  their  form  of  government  in  such  manner  as  they  may 
think  expedient. 

§  3.  The  exercise  and  enjoyment  of  religious  profession  and  worship, 
without  discrimination,  shall  for  ever  be  free  to  all  persons  in  this  state, 
provided  that  the  right  hereby  declared  and  established  shall  not  be  so 
construed  as  to  excuse  acts  of  licentiousness,  or  to  justify  practices  in- 
consistent with  the  peace  and  safety  of  the  state. 

§  4.  No  preference  shall  be  given  by  law  to  any  Christian  sect  or  mode 
of  worship. 

§  6.  Every  citizen  may  freely  speak,  write,  and  publish  his  senti- 
ments on  all  subjects,  being  responsible  for  the  abuse  of  that  liberty. 

§  6.  No  law  shall  ever  be  passed  to  curtail  or  restrain  the  liberty  of 
speech  or  of  the  press. 

§  7.  In  all  prosecutions  or  indictments  for  libels,  the  truth  may  be 
given  in  evidence,  and  the  jury  shall  have  a  right  to  determine  the  law 
and  the  facts,  under  the  direction  of  the  court. 

§  8.  The  people  shall  be  secure  in  their  persons,  houses,  papers,  and 
possessions,  from  unreasonable  searches,  or  seizures  ;  and  no  warrant  to 
search  any  place,  or  to  seize  any  person  or  things,  shall  issue,  without 
describing  them  as  nearly  as  may  be,  nor  without  probable  cause,  sup- 
ported by  oath  or  affirmation. 

§  9.  In  all  criminal  prosecutions,  the  accused  shall  have  a  right  to  be 
heard,  by  himself  and  by  counsel :  to  demand  the  nature  and  cause  of 
the  accusation ;  to  be  confronted  by  the  witnesses  against  him  ;  to  have 
compulsory  process  to  obtain  witnesses  in  his  favour ;  and  in  all  prose- 
cutions by  indictment  or  information,  a  speedy  public  trial  by  an  im- 
partial jury.  He  shall  not  be  compelled  to  give  evidence  against  him- 
self, nor  be  deprived  of  life,  liberty,  or  property,  but  by  due  course  of 
law.  And  no  person  shall  be  holden  to  answer  for  any  crime,  the 
punishment  of  which  may  be  death  or  imprisonment  for  life,  unless  on 
a  presentment  or  an  indictment  of  a  grand  jury  ;  except  in  the  land  or 
naval  forces,  or  in  the  militia,  w  hen  in  actual  service,  in  time  of  war  or 
public  danger. 

§  10.  No  person  shall  be  arrested,  detained,  or  punished,  except  m 
cases  clearly  warranted  by  law. 

§  11.  The  property  of  no  person  shall  be  taken  for  public  use,  without 
just  compensation  therefor. 

§  12.  All  courts  shall  be  open,  and  every  person,  for  an  injury  done 
him,  in  his  person,  property,  or  reputation,  shall  have  remedy  by  due 
course  of  law,  and  right  and  justice  administered  without  sale,  denial,  or 

lay. 

§  13.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  im- 


§  14.  All  pnsoners  shall,  before  conviction,  be  bailable  by  sufficient 
sureties,  except  for  capital  offences,  where  the  proof  is  evident,  or  the 
presumption  great ;  and  the  privileges  of  the  writ  of  habeas  corpus  shall 


104  CONSTITUTION  OF 

not  be  suspended,  unless  when  in  case  of  rebellion  or  invasion  the 
public  safety  may  require  it ;  nor  in  any  case,  but  by  the  legislature. 

§  15.  No  person  shall  be  attainted  of  treason  or  felony  by  the  legisla- 
ture. 

§  1 6.  The  citizens  have  a  right,  'n  a  peaceable  manner,  to  assemble 
for  their  common  good,  and  to  apply  to  those  invested  with  the  powers 
of  government  for  redress  of  grievances,  or  other  proper  purposes,  by  pe- 
tition, address,  or  remonstrance. 

§  17.  Every  citizen  has  a  right  to  bear  arms  in  defence  of  himself  and 
the  state. 

§  18.  The  military  shall,  in  all  cases,  and  at  all  times,  be  in  stnct 
subordination  to  the  civil  power. 

§  19.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house, 
without  the  consent  of  the  owner  ;  nor  in  time  of  war,  but  in  a  manner 
to  be  prescribed  by  law. 

§  20.  No  hereditary  emoluments,  privileges,  or  honours  shall  ever  bo 
granted  or  conferred  in  this  state. 

§  21.  The  right  of  trial  by  jury  shall  remain  inviolate. 

AKTICLE    2. 

Of  the  Dhtribution  of  Potvers. 

The  powers  of  government  shall  be  divided  into  three  distinct  depart- 
ments, and  each  of  them  confided  to  a  separate  magistracy,  to  wit ; — 
those  which  are  legislative,  to  one ;  those  which  are  executive,  to  an- 
other ;  and  tliose  which  are  judicial,  to  another. 

ARTICLE    3. 

Of  the  Legislative  Department. 

§  1.  The  legislative  power  of  this  state  shall  be  vested  in  two  distinct 
houses  or  branches  ;  the  one  to  be  styled  the  senate,  the  other  the  house 
of  representatives,  and  both  together  the  general  assembly.  The  style 
of  the  laws  shall  be :  Be  it  enacted  by  the  senate  and  house  of  repre- 
sentatives m  general  assembly  convened. 

§  2.  There  shall  be  one  stated  session  of  the  general  assembly,  to  be 
holden  each  year,  alternately  at  Hartford  and  New  Haven,  on  the  first 
Wednesday  of  May,  and  at  such  other  times  as  the  general  assembly 
shall  judge  necessary  ;  the  first  session  to  be  holden  at  Hartford  ;  but  the 
person  administering  the  office  of  governor,  may,  on  special  emergen- 
cies, convene  the  general  assembly  at  either  of  said  places,  at  any  other 
time.  And  in  case  of  danger  from  the  prevalence  of  contagious  diseases 
in  either  of  said  places,  or  other  circumstances,  the  person  administering 
the  office  of  governor,  may,  by  proclamation,  convene  said  assembly  at 
any  other  place  in  this  state. 

§  3.  The  house  of  representatives  shall  consist  of  electors  residing  in 
towns  from  which  they  are  elected.  The  number  of  representatives  from 
each  town  shall  be  the  same  as  at  present  practised  and  allowed.  In  case 
a  new  town  shall  hereafter  be  incorporated,  such  new  town  shall  be  en- 
titled to  one  representative  only  :  and  if  such  new  town  shall  be  made 
from  one  or  more  towns,  the  town  or  towns  from  which  the  same  shall 
be  made,  shall  be  entitled  to  the  same  number  of  representatives  as  at  pre- 


CONNECTICUT.  105 

sent  allowed,  unless  the  number  shall  be  reduced  by  the  consent  of  such 
town  or  towns. 

§  4.  The  senate  shall  consist  of  twelve  members,  to  be  chosen  annu 
ally  by  the  electors. 

§  5.  At  the  meetings  of  the  electors,  held  in  the  several  towns  in  this 
state,  in  April  annually,  after  the  election  of  representatives,  the  electors 
present  shall  be  called  upon  to  bring  in  their  written  ballots  for  senators. 
The  presiding  officer  shall  receive  the  votes  of  the  electors,  and  count 
and  declare  them  in  open  meeting.  The  presiding  officer  shall  also  make 
duplicate  lists  of  the  persons  voted  for,  and  of  the  number  of  votes  for 
each,  which  shall  be  certified  by  the  presiding  officer ;  one  of  which  lists 
shall  be  delivered  to  the  town  clerk,  and  the  other,  within  three  days  after 
said  meeting,  shall  be  delivered,  under  seal,  either  to  the  secretary  or  to 
the  sherifl'  of  the  county  in  which  said  town  is  situated  ;  which  list  shall 
be  directed  to  the  secretary,  with  a  superscription  expressing  the  purport 
of  the  contents  thereof.  And  each  sheriff  who  shall  receive  such  votes 
shall,  within  fifteen  days  after  said  meeting,  deliver,  or  cause  them  to  be 
delivered,  to  the  secretary. 

§  6.  The  treasurer,  secretary,  and  comptroller,  for  the  time  being,  shall 
canvass  the  votes  publicly.  The  twelve  persons  having  the  greatest  num- " 
ber  of  votes  for  senators  shall  be  declared  to  be  elected.  But,  in  cases 
where  no  choice  is  made  by  the  electors,  in  consequence  of  an  equality 
of  votes,  the  house  of  representatives  shall  designate,  by  ballot,  which  of 
the  candidates  having  such  equal  number  of  votes  shall  be  declared  to  be 
elected.  The  return  of  votes,  and  the  result  of  the  canvass,  shall  be  sub- 
mitted to  the  house  of  representatives,  and  also  to  the  senate,  on  the  first 
day  of  the  session  of  the  general  assembly,  and  each  house  shall  be  the 
final  judge  of  the  election  returns  and  qualifications  of  its  own  members. 

§  7.  The  house  of  representatives,  when  assembled,  shall  choose  a 
speaker,  clerk,  and  other  officers.  The  senate  shall  choose  its  clerk  and 
other  officers,  except  the  president.  A  majority  of  each  house  shall  con- 
stitute a  quorum  to  do  business ;  but  a  smaller  number  may  adjourn 
from  day  to  day,  and  compel  the  attendance  of  absent  members  in  such 
manner,  and  under  such  penalties,  as  each  house  may  prescribe. 

•§  8.  Each  house  shall  determine  the  rules  of  its  own  proceedings, 
punish  members  for  disorderly  conduct,  and,  with  the  consent  of  two- 
thirds,  expel  a  member,  but  not  a  second  time  for  the  same  cause  ;  and 
shall  have  all  other  powers  necessary  for  a  branch  of  the  legislature  of  a 
free  and  independent  state. 

§  9.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  publish 
the  same  when  required  by  one-fifth  of  its  members,  except  such  parts  as, 
in  the  judgment  of  a  majority,  require  secrecy.  The  yeas  and  nays  of 
the  members  of  either  house  shall,  at  the  desire  of  one-fifth  of  those  pre- 
sent, be  entered  on  the  journals. 

§  10.  The  senators  and  representatives  shall,  in  all  cases  of  civil  pro- 
cess, be  privileged  from  arrest  during  the  session  of  the  general  assembly, 
and  for  four  days  before  the  commencement  and  after  the  termination 
of  any  session  thereof.  And  for  any  speech  or  debate  in  either  house, 
they  shall  not  be  questioned  in  any  other  place. 

§  11.  The  debates  of  each  house  shall  be  public,  except  on  such  occa- 
sions as  in  the  opinion  of  the  house  may  require  secrecy. 


106  CONSTITUTION  OF 

ARTICLE  4. 

Of  the  Executive  Department. 

§  1.  The  supreme  executive  power  of  the  state  shall  be  vested  in  a 
governor,  who  shall  be  chosen  by  the  electors  of  the  state,  and  shall  hold 
his  office  for  one  year  from  the  first  Wednesday  of  May  next  succeeding 
his  election,  and  until  his  successor  be  duly  qualified.  No  person  who 
is  not  an  elector  of  this  state,  and  who  has  not  arrived  at  the  age  of 
thirty,  shall  be  eligible. 

§  2.  At  the  meetings  of  the  electors,  in  the  respective  towns,  in  the 
month  of  April  in  each  year,  immediately  after  the  election  of  senators, 
the  presiding  officers  shall  call  upon  the  electors  to  bring  in  their  ballots 
for  him  whom  they  would  elect  to  be  governor,  with  his  name  fairly 
written.  When  such  ballots  shall  have  been  received  and  counted,  in 
the  presence  of  the  electors,  duplicate  lists  of  the  persons  voted  for,  and 
of  the  number  of  votes  given  for  each,  shall  be  made  and  certified  by  the 
presiding  oflScer,  one  of  which  lists  shall  be  deposited  in  the  office  of  the 
town  clerk,  within  three  days,  and  the  other  within  ten  days  after  the 
said  election,  shall  be  transmitted  to  the  secretary,  or  to  the  sheriff  of  the 
county  in  which  such  election  shall  have  been  held.  The  sheriff*  re- 
ceiving said  votes  shall  deliver,  or  cause  them  to  be  delivered,  to  the 
secretary,  within  fifteen  days  next  after  said  election.  The  votes  so  re- 
turned shall  be  counted  by  the  treasurer,  secretary,  and  comptroller, 
within  the  month  of  April :  A  fair  list  of  the  persons  and  number  of 
votes  given  for  each,  together  with  the  returns  of  the  presiding  officers, 
shall  be,  by  the  treasurer,  secretary,  and  comptroller,  made  and  laid  be- 
fore the  general  assembly  then  next  to  be  holden,  on  the  first  day  of  the 
session  thereof;  and  said  assembly  shall,  after  examination  of  the  same, 
declare  the  person  whom  they  shall  find  to  be  legally  chosen,  and  give 
him  notice  accordingly.  If  no  person  shall  have  a  majority  of  the  whole 
number  of  said  votes,  or  if  two  or  more  shall  have  an  equal  and  the 
greatest  number  of  said  votes,  then  said  assembly  on  the  second  day  of 
their  session,  by  joint  ballot  of  both  houses,  shall  proceed,  without  debate, 
to  choose  a  governor  from  a  list  of  the  names  of  the  two  persons  having 
the  greatest  number  of  votes,  or  of  the  names  of  the  persons  having  an 
equal  and  highest  number  of  votes  so  returned  as  aforesaid.  The  gene- 
ral assembly  shall  by  law  prescribe  the  manner  in  which  all  questions 
concerning  the  election  of  a  governor  or  lieutenant-governor  shall  be  de- 
termined. 

^  3.  At  the  annual  meetings  of  the  electors,  immediately  after  the  elec- 
tion of  governor,  there  also  shall  be  chosen,  in  the  same  manner  as  is  herein 
before  provided  for  the  election  of  governor,  a  lieutenant-governor,  who 
shall  continue  in  office  for  the  same  time,  and  possess  the  same  qualifi- 
cations. 

§  4.  The  compensations  of  the  governor,  lieutenant-governor,  sena- 
tors, and  representatives  shall  be  established  by  law,  and  shall  not  be 
varied  so  as  to  take  effect  until  after  an  election  which  shall  next  suc- 
ceed the  passage  of  the  law  establishing  said  compensation. 

§  5,  The  governor  shall  be  captain-general  of  the  militia  of  the  state 
except  when  called  into  the  service  of  the  United  States. 

§  6.  He  may  require  information,  in  writing,  from  the  officers  in  the 


CONNECTICUT.  107 

incccutive  department,  on  any  subject  relating  to  the  duties  of  their  re- 
spective offices. 

§  7.  The  governor,  in  case  of  a  disagreement  between  the  two  houses 
of  the  general  assembly  respecting  the  time  of  adjournment,  may  ad- 
journ them  to  such  time  as  he  shall  think  proper,  not  beyond  the  day 
of  the  next  stated  session. 

§  8.  He  shall,  from  time  to  time,  give  to  the  general  assembly  in- 
formation of  the  state  of  the  government,  and  recommend  to  their  con 
sideration  such  measures  as  he  shall  deem  expedient. 

§  9.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

§  10.  The  governor  shall  have  power  to  grant  reprieves,  after  con- 
viction, in  all  cases  except  those  of  impeachment,  until  the  end  of  the 
next  session  of  the  general  assembly,  and  no  longer. 

§  11.  All  commissions  shall  be  in  the  name  and  by  authority  of  the 
state  of  Connecticut ;  shall  be  scaled  with  the  state  seal,  signed  by  the 
governor,  and  attested  by  the  secretary. 

§  12.  Every  bill  which  shall  have  passed  both  houses  of  the  general 
assembly,  shall  be  presented  to  the  governor.  If  he  approve,  he  shall 
sign  and  transmit  it  to  the  secretary ;  but  if  not,  he  shall  return  it  to  the 
house  in  which  it  originated,  with  his  objections,  which  shall  be  entered 
on  the  journals  of  the  house  ;  who  shall  proceed  to  reconsider  the  bill. 
If,  after  such  reconsideration,  that  house  shall  again  pass  it,  it  shall  be 
sent,  with  the  objections,  to  the  other  house,  which  shall  also  reconsider 
it.  If  approved,  it  shall  become  a  law.  But,  in  such  cases,  the  votes 
of  both  houses  shall  be  determined  by  yeas  and  nays ;  and  the  names 
of  the  members  voting  for  and  against  the  bill  shall  he  entered  on  the 
journals  of  each  house  respectively.  If  the  bill  shall  not  be  returned 
by  the  governor  within  three  days  (Sunday  excepted)  after  it  shall 
have  been  presented  to  him,  the  same  shall  be  a  law  in  like  manner  as 
if  he  had  signed  it ;  unless  the  general  assembly,  by  their  adjournment, 
prevents  its  return,  in  which  case  it  shall  not  be  a  law. 

§  13.  The  lieutenant-governor  shall,  by  virtue  of  his  office,  be  pre- 
gident  of  the  senate,  and  have  when  in  committee  of  the  whole  a 
right  to  debate,  and,  when  the  senate  is  equally  divided,  to  give  the 
casting  vote. 

§  14.  In  case  of  the  death,  resignation,  refusal  to  serve,  or  removal 
from  office  of  the  governor,  or  of  his  impeachment,  or  absence  from 
the  state,  the  lieutenant-governor  shall  exercise  the  powers  and  au- 
thority appertaining  to  the  office  of  governor,  until  another  be  chosen 
at  the  next  periodical  election  for  governor,  and  be  duly  qualified  ;  or 
until  the  governor  impeached  or  absent  shall  be  acquitted  or  return. 

§  15.  When  the  government  shall  be  administered  by  the  lieutenant- 
governor,  or  he  shall  be  unable  to  attend  as  president  of  the  senate,  the 
senate  shall  elect  one  of  their  members  as  president  pro  tempore.  And 
if,  during  the  vacancy  of  the  office  of  governor,  the  lieutenant-governor 
shall  die,  resign,  refuse  to  serve,  to  be  removed  from  office,  or  if  he 
shall  be  impeached,  or  absent  from  the  state,  the  president  of  the  senate 
pro  tempore  shall,  in  like  manner,  administer  the  government  until  he 
be  superseded  by  a  governor  or  lieutenant-governor. 

§  16,  If  the  lieutenant-governor  shall  be  required  to  administer  the 
government,  and  shall,  while  in  such  administration,  die  or  resign  during 
the  recess  of  the  general  assembly,  it  shall  be  the  duly  of  the  secretary, 


108  CONSTITUTION    OF 

for  the  time  being,  to  convene  the  senate  for  the  purpose  of  choosing  a 
president  pro  tempore. 

§  17.  A  treasurer  shall  annually  be  chosen  by  the  electors  at  their 
meeting  in  April ;  and  the  votes  shall  be  returned,  counted,  canvassed, 
and  declared,  in  the  same  manner  as  is  provided  for  the  election  of 
governor  and  lieutenant-governor ;  but  the  votes  for  the  treasurer  shall 
be  canvassed  by  the  secretary  .and  comptroller  only.  He  shall  receive 
all  moneys  belonging  to  the  state,  and  disburse  the  same  only  as  he 
may  be  directed  by  law.  He  shall  pay  no  warrant  or  order  for  the  dis- 
bursement of  public  money,  until  the  same  has  been  registered  in  the 
ofRce  of  the  comptroller. 

§  18.  A  secretary  shall  be  chosen  next  after  the  treasurer,  and  in  the 
same  manner ;  and  the  votes  for  secretary  shall  be  returned  to,  and 
counted,  canvassed,  and  declared  by  the  treasurer  and  comptroller.  He 
shall  have  the  safe  keeping  and  custody  of  the  public  records  and  docu- 
ments, and  particularly  of  the  acts,  resolutions,  and  orders  of  the  general 
assembly,  and  record  the  same  ;  and  perform  all  such  duties  as  shall  be 
prescribed  by  law.  He  shall  be  the  keeper  of  the  seal  of  the  state,  which 
shall  not  be  altered. 

§  19.  A  comptroller  of  the  pubUc  accounts  shall  be  annually  ap- 
pointed by  the  general  assembly.  He  shall  adjust  and  settle  all  public 
accounts  and  demands,  except  grants  and  orders  of  the  general  assem- 
bly. He  shall  prescribe  the  mode  of  keeping  and  rendering  all  pubUc 
accounts.  He  shall,  ex  officio,  be  one  of  the  auditors  of  the  accounts  of 
the  treasurer.  The  general  assembly  may  assign  to  him  other  duties  in 
relation  to  his  office,  and  to  that  of  the  treasurer,  and  shall  prescribe 
the  manner  in  which  his  duties  shall  be  performed. 

§  20.  A  sheriff  shall  be  appointed  in  each  county,  by  the  general  as 
sembly,  who  shall  hold  his  office  for  three  years,  removable  by  said  as- 
sembly, and  shall  become  bound,  with  sufficient  sureties,  to  the  treasurer 
of  the  state  for  the  faithful  discharge  of  the  duties  of  his  office,  in 
such  manner  as  shall  be  prescribed  by  law :  in  case  the  sheriff  of  any 
county  shall  die  or  resign,  the  governor  may  fill  the  vacancy  occasioned 
thereby,  until  the  same  shall  be  filled  by  the  general  assembly. 

§  21.  A  statement  of  all  receipts,  payments,  funds,  and  debts  of  the 
state,  shall  be  published,  from  time  to  time,  in  such  manner,  and  at  such 
periods,  as  shall  be  prescribed  by  law. 

ARTICLE    5. 

Of  the  Judicial  Department. 

§  1.  The  judicial  power  of  the  state  shall  be  vested  in  a  supreme 
court  of  errors,  a  superior  court,  and  such  inferior  courts  as  the  general 
assembly  shall,  from  time  to  time,  ordain  and  establish  ;  the  powers  and 
jurisdiction  of  which  courts  shall  be  defined  by  law. 

§  2.  There  shall  be  appomted  in  each  county  a  sufficient  number  ol 
justices  of  the  peace,  with  such  jurisdiction  in  civil  and  criminal  cases 
as  the  general  assembly  may  prescribe. 

§  3.  The  judges  of'the  supreme  court  of  errors,  of  the  superior  and 
inferior  courts,  and  all  justices  of  the  peace  shall  be  appointed  by  the 
general  assembly,  in  such  manner  as  shall  by  law  be  prescribed.  The 
judges  of  the  supreme  court,  and  of  the  superior  court,  shall  hold  theii 


CONNECTICUT.  109 

offices  during  good  behaviour ;  but  may  bo  removed  by  impeachment ; 
and  the  governor  shall  also  remove  them  on  the  address  of  two-thirds 
of  the  members  of  each  house  of  the  general  assembly  ;  all  other  judges 
and  justices  of  the  peace  shall  be  appointed  annually.  No  judge  or  jus- 
tice of  the  peace  shall  be  capable  of  holding  his  ofhce  after  he  shall  anive 
at  the  age  of  seventy  years. 

ARTICLE    6. 

Of  the  Qualifications  of  Ettctors. 

§  1.  All  persons  who  have  been,  or  shall  hereafter,  previous  to  the 
ratification  of  this  constitution,  be  admitted  freemen,  according  to  the 
existing  laws  of  this  state,  shall  be  electors. 

§  2.  Every  white  male  citizen  of  the  United  States,  who  shall  have 
gained  a  settlement  in  this  state,  attained  the  age  of  twenty-one  years, 
and  resided  in  the  town  in  which  he  may  offer  himself  to  be  admitted 
to  the  privilege  of  an  elector,  at  least  six  months  preceding,  and  have  a 
freehold  estate  of  the  yearly  value  of  seven  dollars,  in  this  state ;  or 
having  been  enrolled  in  the  militia,  shall  have  performed  military  duty 
therein,  for  the  term  of  one  year  next  preceding  the  time  he  shall  offer 
himself  for  admission,  or  being  liable  thereto,  shall  have  been,  by  au- 
thority of  law,  excused  therefrom  ;  or  shall  have  paid  a  state  tax  within 
the  year  next  preceding  the  time  he  shall  present  himself  for  such 
admission,  and  shall  sustain  a  good  moral  character,  shall,  on  his  taking 
such  oath  as  may  be  pr'^scribed  by  law,  be  an  elector. 

§  3.  The  privileges  jf  an  elector  shall  be  forfeited,  by  a  conviction  of 
bribery,  forgery,  perjury,  duelling,  fraudulent  bankruptcy,  theft,  or  other 
offence,  for  which  an  infamous  punishment  is  inflicted. 

§  4.  Every  elector  shall  be  eligible  to  any  office  in  this  state,  except 
in  cases  provided  for  in  this  constitution. 

§  5.  The  selectmen  and  town  clerk  of  the  several  towns  shall  decide 
on  the  qualifications  of  electors,  at  such  times,  and  in  such  manner,  as 
may  be  prescribed  by  law. 

§  6.  Laws  shall  be  made  to  support  the  privilege  of  free  suffrage, 
prescribing  the  manner  of  regulating  and  conducting  meetings  of  the 
electors,  and  prohibiting,  under  adequate  penalties,  all  undue  influence 
therein,  from  power,  bribery,  tumult,  and  other  improper  conduct. 

§  7.  In  all  elections  of  officers  of  the  state,  or  members  of  the  general 
assembly,  the  votes  of  the  electors  shall  be  by  ballot. 

§  8.  At  all  elections  of  officers  of  the  state,  or  members  of  the  general 
assembly,  the  electors  shall  be  privileged  from  arrest  during  their  attend- 
ance upon,  and  going  to  and  returning  from,  the  same,  on  any  civil 
process. 

§  9.  The  meetings  of  the  electors  for  the  election  of  the  several  state 
officers,  by  law  annually  to  be  elected,  and  members  of  the  general  as- 
sembly of  this  state,  shall  be  holden  on  the  first  Monday  of  April  in 
each  year. 

ARTICLE    7. 

Of  Religion. 

§  1.  It  being  the  duty  of  all  men  to  worship  the  Supreme  Being,  the 
great  Creator  and  Preserver  of  the  Universe,  and  their  right  to  render 

K 


110  CONSTITUTION   OF 

tliat  worship  in  the  mode  most  consistent  with  the  dictates  of  their 
consciences :  no  person  shall,  by  law,  be  compelled  to  join  or  support, 
nor  be  classed  with,  or  associated  to,  any  congregation,  church,  or  re- 
ligious association.  But  every  person  now  belonging  to  such  congrega- 
tion, church,  or  religious  association,  shall  remain  a  member  thereof, 
until  he  shall  have  separated  himself  therefrom,  in  the  manner  herein- 
after provided.  And  each  and  every  society  or  denomination  of  Chris- 
tians in  this  state,  shall  have  and  enjoy  the  same  and  equal  powers, 
rights,  and  privileges ;  and  shall  have  power  and  authority  to  support  and 
maintain  the  ministers  or  teachers  of  their  respective  denominations, 
and  to  build  and  repair  houses  for  public  worship,  by  a  tax  on  the  mem- 
bers of  any  such  society  only,  to  be  laid  by  a  major  vote  of  the  legal 
voters  assembled  at  any  society  meeting,  warned  and  held  according  to 
law,  or  in  any  other  manner. 

§  2.  If  any  person  shall  choose  to  separate  himself  from  the  society  or 
denomination  of  Christians  to  which  he  may  belong,  and  shall  leave  a 
written  notice  thereof  with  the  clerk  of  such  society,  he  shall  there- 
upon be  no  longer  liable  for  any  future  expenses  which  may  be  incurred 
by  said  society. 

AKTICLi;  8. 

Of  Education. 

%  1 .  The  charter  of  Yale  college,  as  modified  by  agreement  with  the 
corporation  thereof,  in  pursuance  of  an  act  of  the  general  assembly, 
passed  in  May,  1792,  is  hereby  confirmed. 

§  2.  The  fund,  called  the  School  Fund,  shall  remain  a  perpetual  fund, 
the  interest  of  which  shall  be  inviolably  appropriated  to  the  support  and 
encouragement  of  the  public  or  common  schools  throughout  the  state, 
and  for  the  equal  benefit  of  all  the  people  thereof.  The  value  and 
amount  of  said  fund  shall,  as  soon  as  practicable,  be  ascertained  in  such 
manner  as  the  general  assembly  may  prescribe,  published,  and  recorded 
in  the  comptroller's  office ;  and  no  law  shall  ever  be  made  authorizing 
said  fund  to  be  diverted  to  any  other  use  than  the  encouragement  and 
support  of  public  or  common  schools,  among  the  several  school  societies, 
as  justice  and  equity  shall  require. 

ARTICLE  9. 

Of  Impeachments. 

§  1.  The  house  of  lepresentatives  shall  have  the  sole  power  of  im- 
peaching. 

§  2.  All  impeachments  shall  be  tried  by  the  senate.  When  sitting 
for  that  purpose,  they  shall  be  on  oath  or  affirmation.  No  person  shall 
be  convicted  without  the  concurrence  of  two-thirds  of  the  members  pre- 
sent.    When  the  governor  is  impeached,  the  chief  justice  shall  preside. 

§  3.  The  governor,  and  all  other  executive  and  judicial  officers,  shall 
•be  liable  to  impeachment ;  but  judgment  in  such  cases  shall  not  extend 
further  than  to  removal  from  office,  and  disqualifications  to  hold  any  office 
of  honour,  trust,  or  profit,  under  this  state.  The  party  convicted  shall, 
nevertheless,  be  liable  and  subject  to  indictment,  trial,  and  punishment, 
according  to  law. 


CONNECTICUT.  HI 

§  4.  Treason  against  the  state  shall  consist  only  in  levying  war  against 
It,  or  adhering  to  its  enemies,  giving  them  aid  and  comfort.  No  person 
shall  be  convicted  of  treason,  unless  on  the  testimony  of  two  witnesses  to 
the  same  overt  act,  or  on  confession  in  open  court.  No  conviction  of 
treason  or  attainder  shall  work  corruption  of  blood  or  forfeiture. 

ARTICLE   10. 

General  Provisions. 

§  1.  Members  of  the  general  assembly,  and  all  officers,  executive,  and 
judicial,  shall,  before  they  enter  on  the  duties  of  their  respective  offices, 
take  the  following  oath  or  affirmation,  to  wit : 

You  do  solemnly  swear,  (or  affirm,  as  the  case  may  be,)  that  you  will 
support  the  constitution  of  the  United  States,  and  the  constitution  of  the 
state  of  Connecticut,  so  long  as  you  continue  a  citizen  thereof ;  and  that 
you  will  faithfully  discharge,  according  to  law,  the  duties  of  the  office  of 
to  the  best  of  your  abilities.     So  help  you  God. 

§  2.  Each  town  shall  annually  elect  selectmen,  and  such  officers  of 
local  police,  as  the  laws  may  prescribe. 

§  3.  The  rights  and  duties  of  all  corporations  shall  remain  as  if  this 
constitution  had  not  been  adopted  ;  with  the  exception  of  such  regula- 
tions and  restrictions  as  are  contained  in  this  constitution.  All  judicial 
and  civil  officers  now  in  office,  who  have  been  appointed  by  the  general 
assembly,  and  commissioned  according  to  law,  and  all  such  officers  as 
shall  be  appointed  by  the  said  assembly,  and  commissioned  as  aforesaid, 
before  the  first  Wednesday  of  May  next,  shall  continue  to  hold  their 
offices  until  the  first  day  of  June  next,  unless  they  shall,  before  that  time, 
resign  or  be  removed  from  office  according  to  law.  The  treasurer  and 
secretary  shall  continue  in  office  until  a  treasurer  and  secretary  shall  be 
appointed  under  this  constitution.  All  military  officers  shall  continue  to 
hold  and  exercise  their  respective  offices,  until  they  shall  resign,  or  be 
removed  according  to  law.  All  laws  not  contrary  to,  or  inconsistent  with, 
the  pro\isions  of  this  constitution,  shall  remain  in  force  until  they  shall 
expire  by  their  own  limitation,  or  shall  be  altered  or  repealed  by  the  gene- 
ral assembly,  in  pursuance  of  this  constitution.  The  validity  of  all  bonds, 
debts,  contracts,  as  well  of  individuals  as  of  bodies  corporate,  or  the  state, 
of  all  suits,  actions,  or  rights  of  action,  both  m  law  and  equity,  shall  con- 
tinue as  if  no  change  had  taken  place.  The  governor,  lieutenant-gover- 
nor, and  general  assembly,  which  is  to  be  formed  in  October  next,  shall 
have,  and  possess,  all  the  powers  and  authorities  not  repugnant  to,  or  in- 
consistent with,  this  constitution,  which  they  now  have  and  possess 
until  the  first  Wednesday  of  May  next. 

§  4.  No  judge  of  the  superior  court,  or  of  the  supreme  court  of  errors  : 

o  member  of  congress  ;  no  person  holding  any  office  under  the  authority 

of  the  United  States  ;  no  person  holding  the  office  of  treasurer,  secretary, 

or  comptroller ;  no  sheriff  or  sheriff's  deputy  ;  shall  be  a  member  of  the 

general  assembly. 

ARTICLE    11. 

Of  .Amendments  of  the  Constitution. 
Whenever  a  majority  of  the  house  of  representatives  shall  deem  it 
necessary  to  alter  or  amend  this  constitution,  they  may  propose  such  al- 


112  CONSTITUTION   OF 

terations  and  amendments ;  which  proposed  amendments  shall  be  con- 
tinued to  the  next  general  assembly,  and  be  published  with  the  laws 
which  may  have  been  passed  at  the  same  session  ;  and  if  two-thirds  of 
each  house,  at  the  next  session  of  said  assembly,  shall  approve  the  amend- 
ments proposed,  by  yeas  and  nays,  said  amendments  shall,  by  the  secre- 
tary, be  transmitted  to  the  town  clerk  in  each  town  in  this  state  ;  whose 
duty  it  shall  be  to  present  the  same  to  the  inhabitants  thereof,  for  their 
consideration,  at  a  town  meeting,  legally  warned  and  held  for  that  pur- 
pose ;  and  if  it  shall  appear,  in  a  manner  to  be  provided  by  law,  that  a 
majority  of  the  electors  present  at  such  meetings  shall  have  approved 
such  amendments,  the  same  shall  be  vaUd,  to  all  intents  and  purposes, 
as  a  part  of  this  constitution. 

Done  in  conventio7i,  on  the  fifteenth  day  of  September,  in  the  year 
of  our  Lord  one  thoiisand  eight  hundred  and  eighteen,  and  of  the  In- 
dependence of  the  United  States  the  forty-third. 
By  order  of  the  convention. 

OLIVER  WOLCOTT,  President. 
James  Lanmajt,  7  ^;    7, 

Robert  Fairchild,    5  ^^^'^''*- 


CONSTITUTION  OF  NEW  YORK, 

AS   AMENDED. 


We,  the  people  of  the  state  of  New  York,  acknowledging  with  grati- 
tude the  grace  and  beneficence  of  God  in  permitting  us  to  make  choice 
of  our  form  of  government,  do  establish  this  constitution. 

ARTICLB   1. 

§  1.  The  legislative  power  of  this  state  shall  be  vested  in  a  senate  and 
an  assembly. 

2.  The  senate  shall  consist  of  thirty-two  members.  The  senators  shall 
be  chosen  for  four  years,  and  shall  be  freeholders.  The  assembly  shall 
consist  of  one  hundred  and  twenty-eight  members,  who  shall  be  annu- 
ally elected. 

3.  A  majority  of  each  house  shall  constitute  a  quorum  to  do  business. 
Each  house  shall  determine  the  rules  of  its  own  proceedings,  and  be  the 
judges  of  the  qualifications  of  its  own  members.  Each  house  shall 
choose  its  own  officers,  and  the  senate  shall  choose  a  temporary  presi- 
dent, when  the  lieutenant-governor  shall  not  attend  as  president,  or  shall 
act  as  governor. 

4.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  publish  the 
same,  except  such  parts  as  may  require  secrecy.  The  doors  of  each 
house  shall  be  kept  open,  except  w^hen  the  public  welfare  shall  require 
secrecy.  Neither  house  shall,  without  the  consent  of  the  other,  adjoun- 
for  more  than  two  days. 


NEW  YORK.  113 

5.  The  state  shall  be  divided  into  eight  districts,  to  be  called  senate 
districts,  each  of  which  shall  choose  four  senators. 

The  first  district  shall  consist  of  the  counties  of  Suffolk,  Queens,  Kings, 
Richmond,  and  New  York. 

The  second  district  shall  consist  of  the  counties  of  Westchester,  Put- 
nam, Dutchess,  Rockland,  Orange,  Ulster,  and  Sullivan. 

The  third  district  shall  consist  of  the  counties  of  Green,  Columbia, 
Albany,  Rensselaer,  Schoharie,  and  Schenectady. 

The  fourth  district  shall  consist  of  the  counties  of  Saratoga,  Mont- 
gomery, Hamilton,  Washington,  Warren,  Clinton,  Essex,  Franklin,  and 
St.  Lawrence. 

The  fifth  district  shall  consist  of  the  counties  of  Herkimer,  Oneida, 
Madison,  Oswego,  Lewis,  and  Jefferson. 

The  sixth  district  shall  consist  of  the  counties  of  Delaware,  Otsego, 
Chenango,  Broome,  Cortland,  Tompkins,  and  Tioga. 

The  seventh  district  shall  consist  of  the  counties  of  Onondago,  Cayu- 
ga, Seneca,  and  Ontario. 

The  eighth  district  shall  consist  of  the  counties  of  Steuben,  Ijivings- 
ton,  Monroe,  Genesee,  Niagara,  Erie,  Allegany,  Cattaraugus,  and  Chau- 
tauquc. 

And  as  soon  as  the  senate  shall  meet,  after  the  first  election  to  be  held 
in  pursuance  of  this  constitution,  they  shall  cause  the  senators  to  be  di- 
vided by  lot  into  four  classes,  of  eight  in  each,  so  that  every  district  shall 
have  one  senator  of  each  class  :  the  classes  to  be  numbered,  one,  two, 
three,  and  four.  And  the  seats  of  the  first  class  shall  be  vacated  at  the  end 
of  the  first  year ;  of  the  second  class,  at  the  end  of  the  second  year  ;  of 
the  third  class,  at  the  end  of  the  third  year  ;  of  the  fourth  class,  at  the 
end  of  the  fourth  year ;  in  order  that  one  senator  be  annually  elected  in 
each  senate  district. 

6.  An  enumeration  of  the  inhabitants  of  the  state  shall  be  taken,  un- 
der the  direction  of  the  legislature,  in  the  year  one  thousand  eight  hun- 
dred and  twenty-five,  and  at  the  end  of  every  ten  years  thereafter ;  and 
the  said  districts  shall  be  so  altered  by  the  legislature,  at  the  first  session 
after  the  return  of  every  enumeration,  that  each  senate  district  shall 
contain,  as  nearly  as  may  be,  an  equal  number  of  inhabitants,  excluding 
aliens,  paupers,  and  persons  of  colour  not  taxed ;  and  shall  remain  unal- 
tered, until  the  return  of  another  enumeration,  and  shall  at  all  times  con 
sist  of  contiguous  territory  ;  and  no  county  shall  be  divided  in  the  forma- 
tion of  a  senate  district. 

7.  The  members  of  the  assembly  shall  be  chosen  by  counties,  and 
shall  be  apportioned  among  the  several  counties  of  the  state,  as  nearly  as 
may  be,  according  to  the  numbers  of  their  respective  inhabitants,  ex- 
cluding aliens,  paupers,  and  persons  of  colour,  not  taxed.  An  appor- 
tionment of  members  of  assembly  shall  be  made  by  the  legislature,  at 
its  first  session  after  the  return  of  every  enumeration ;  and,  when  made, 
shall  remain  unaltered  until  another  enumeration  shall  have  been  taken. 
But  an  apportionment  of  members  of  the  assembly  shall  be  made  by  the 
present  legislature  according  to  the  last  enumeration,  taken  under  the 
authority  of  the  United  States,  as  nearly  as  may  be.  Every  county  here- 
tofore established,  and  separately  organized,  shall  always  be  entitled  to 
one  member  of  the  assembly,  and  no  new  county  shall  hereafter  be  erect- 
ed, unless  its  population  shall  entitle  it  to  a  member, 

K  2 


114  CONSTITUTION    OF 

8.  Any  bill  may  originate  in  cither  house  of  the  legislature  and  all 
bills  passed  by  one  house,  may  be  amended  by  the  other. 

9.  The  members  of  the  legislature  shall  receive  for  their  services  a 
compensation  to  be  ascertained  by  law^,  and  paid  out  of  the  public  trea- 
sury ;  but  no  increase  of  the  compensation  shall  take  effect  during  the 
year  in  which  it  shall  have  been  made.  And  no  law  shall  be  passed  m- 
creasing  the  compensation  of  the  members  of  the  legislature  beyond  the 
sum  of  three  dollars  a  day. 

10.  No  member  of  the  legislature  shall  receive  any  civil  appointment 
from  the  governor  and  senate,  or  from  the  legislature  during  the  term 
for  which  he  shall  have  been  elected. 

11.  No  person  being  a  member  of  congress,  holding  any  judicial  or 
military  office  under  the  United  States,  shall  hold  a  seat  in  the  legisla- 
ture. And  if  any  person  shall,  while  a  member  of  the  legislature,  be 
elected  to  congress,  or  appointed  to  any  office,  civil  or  military,  under  the 
United  States,  his  acceptance  thereof,  shall  vacate  his  seat. 

12.  Every  bill  which  shall  have  passed  the  senate  and  assembly  shall, 
before  it  become  a  law,  be  presented  to  the  governor :  if  he  approve,  he 
shall  sign  it,  but  if  not,  he  shall  return  it  with  his  objections  to  that  house 
in  which  it  shall  have  originated,  who  shall  enter  the  objections  at  large 
on  their  journal,  and  proceed  to  reconsider  it  :  if,  after  such  reconsidera- 
tion, two-thirds  of  the  members  present  shall  agree  to  pass  the  bill,  it 
shall  be  sent,  together  with  the  objections,  to  the  other  house,  by  which 
it  shall  likewise  be  reconsidered ;  and  if  approved  by  two-thirds  of  the 
members  present,  it  shall  become  a  law  ;  but  in  all  such  cases,  the  votes 
of  both  houses  shall  be  determined  by  yeas  and  nays,  and  the  names  of 
the  persons  voting  for  and  against  the  bill  shall  be  entered  on  the  jour- 
nals of  each  house  respectively  ;  if  any  bill  shall  not  be  returned  by  the 
governor  within  ten  days  (Sundays  excepted)  after  it  shall  have  been 
presented  to  him,  the  same  shall  be  a  law,  in  like  manner  as  if  he  had 
signed  it,  unless  the  legislature  shall,  by  their  adjournment,  prevent  its 
return  ;  in  which  case  it  shall  not  be  a  law. 

13.  All  officers  holding  their  office  during  good  behaviour  may  be 
removed  by  joint  resolution  of  the  two  houses  of  the  legislature,  if  two- 
thirds  of  all  the  members  elected  to  the  assembly,  and  a  majority  of  all 
the  members  elected  to  the  senate,  concur  therein. 

14.  The  political  year  shall  begin  on  the  first  day  of  January  ;  and  the 
legislature  shall  every  year  assemble  on  the  first  Tuesday  in  January, 
unless  a  dilferent  day  shall  be  appointed  by  law. 

15.  The  next  election  for  governor,  lieutenant-governor,  senators,  and 
members  of  assembly,  shall  commence  on  the  first  Monday  of  Novem- 
ber, one  thousand  eight  hundred  and  twenty-two ;  and  all  subsequent 
elections  shall  be  held  at  such  time,  in  the  month  of  October  or  Novem- 
ber, as  the  legislature  shall  by  law  provide. 

16.  The  governor,  lieutenant-governor,  senators,  and  members  of  as 
sembly,  first  elected,  under  this  constitution,  shall  enter  on  the  duties  of 
their  respective  offices  on  the  first  day  of  January,  one  thousand  eight 
hundred  and  twenty-three ;  and  the  governor,  lieutenant-governor,  sen- 
ators, and  members  of  assembly,  now  in  office,  shall  continue  to  hold  the 
same,  until  the  first  day  of  January  one  thousand  eight  hundred  and 
twenty-three,  and  no  longer. 


NEW   YORK.  115 


ARTICLE    2. 


1.  Every  male  citizen  of  the  age  of  twenty-one  years,  who  shall  have 
been  an  inhabitant  of  this  state  one  year  preceding  any  election,  and 
for  the  last  six  months  a  resident  of  the  town  or  county  where  he  may 
offer  his  vote  ;  and  shall  have,  within  the  year  next  preceding  the  elec- 
tion, paid  a  tax  to  the  state  or  county,  assessed  upon  his  real  or  personal 
property  ;  or  shall  by  law  be  exempted  from  taxation ;  or  being  armed 
and  equipped  according  to  law,  shall  have  performed  within  that  year 
military  duty  in  the  militia  of  this  state  ;  or  who  shall  be  exempted  from 
performing  miUtia  duty  in  consequence  of  being  a  fireman  in  any  city, 
town,  or  village  in  this  state  :  And  also,  every  male  citizen  of  the  age  of 
twenty-one  years,  who  shall  have  been,  for  three  years  next  preceding 
such  elections,  an  inhabitant  of  this  state  and  for  the  last  year,  a  resident 
in  the  town  or  county,  where  he  may  offer  his  vote ;  and  ^hall  have  been, 
within  the  last  year  assessed  to  labour  upon  the  public  highways,  and 
shall  have  performed  the  labour,  or  paid  an  equivalent  therefor,  accord- 
ing to  law ;  shall  be  entitled  to  vote  in  the  town  or  ward,  where  he  actu- 
ally resides,  and  not  elsewhere,  for  all  officers  that  now  are,  or  here- 
after may  be,  elective  by  the  people ;  but  no  man  of  colour,  unless  he 
shall  have  been  for  three  years  a  citizen  of  this  state,  and  for  one  year 
next  preceding  any  election  shall  be  seized  and  possessed  of  a  freehold 
estate  of  the  value  of  two  hundred  and  fifty  dollars,  over  and  above  all 
debts  and  incmnbrances  charged  thei'eon ;  and  shall  have  been  actually 
rated,  and  paid  a  tax  thereon,  shall  be  entitled  to  vote  at  such  election. 
And  no  person  of  colour  shall  be  subject  to  direct  taxation,  unless  he 
shaU  be  seized  and  possessed  of  such  real  estate  as  aforesaid. 

2.  Laws  may  be  passed,  excluding  from  the  right  of  suffrage  persons 
who  have  been,  or  may  be,  convicted  of  infamous  crimes. 

3.  Laws  shall  be  made  for  ascertaining,  by  proper  proofs,  the  citi- 
zens who  shall  be  entitled  to  the  right  of  suffrage,  hereby  estab- 
lished. 

4.  All  elections  by  the  citizens  shall  be  by  hallot,  except  for  such  town 
officers,  as  may  by  law  be  directed  to  be  otherwise  chosen. 

ARTICLE    3. 

§  1.  The  executive  power  shall  be  vested  in  a  governor.  He  shall 
hold  his  office  for  two  years ;  and  a  lieutenant-governor  shall  be  chosen 
at  the  same  time,  and  for  the  same  term. 

2.  No  person,  except  a  native  citizen  of  the  United  States,  shall  be 
eligible  to  the  office  of  governor,  nor  shall  any  person  be  eligible  to  that 
office  who  shall  not  be  a  freeholder,  and  shall  not  have  attained  the  age 
of  thirty  years,  and  have  been  five  years  a  resident  within  the  state ; 
unless  he  shall  have  been  absent  during  that  time  on  public  business  of 
the  United  States,  or  of  this  state. 

3.  The  governor  and  lieutenant-governor  shall  be  elected  at  the  times 
and  places  of  choosing  members  of  the  legislature.  The  persons  respec- 
tively having  the  highest  number  of  votes  for  governor,  and  lieutenant- 
governor,  shall  be  elected ;  but  in  case  two  or  more  shall  have  an  equal 
and  the  highest  number  of  votes  for  governor,  or  for  lieutenant-governor, 
the  two  houses  of  the  legislature  shall,  by  joint  ballot,  choose  one  of  the 


iU  CONSTITUTION   OF 

Baid  persons,  so  having  an  equal  and  the  highest  number  of  votes,  for 
governor  or  lieutenant-governor. 

4.  The  governor  shall  be  general  and  commander-in-chief  of  all  the 
militia,  and  admiral  of  the  navy  of  the  state.  He  shall  have  power  to 
convene  the  legislature  (or  the  senate  only)  on  extraordinary  occa- 
sions. He  shall  communicate  by  message  to  the  legislature,  at  every 
session,  the  condition  of  the  state;  and  recommend  such  matters  to 
them  as  he  shall  judge  expedient.  He  shall  transact  all  necessary 
business  with  the  officers  of  government,  civil  and  military.  He  shall 
expedite  all  such  measures  as  may  be  resolved  upon  by  the  legislature, 
and  shall  take  care  that  the  laws  are  faithfully  executed.  He  shall,  at 
stated  times,  receive  for  his  services  a  compensation,  which  shall  neither 
be  increased  or  diminished  during  the  term  for  which  he  shall  have  been 
elected. 

5.  The  governor  shall  have  power  to  grant  reprieves  and  pardon  after 
conviction,  for  all  offences,  except  treason  and  cases  of  impeachment. 
Upon  convictions  for  treasons,  he  shall  have  power  to  suspend  the 
execution  of  the  sentence,  until  the  case  shall  be  reported  to  the  le- 
gislature at  its  next  meeting  ;  when  the  legislature  shall  either  par- 
don, or  direct  the  execution  of  the  criminal,  or  grant  a  further  re- 
prieve. 

6.  In  case  of  the  impeachment  of  the  governor  or  his  removal  from 
office,  death,  resignation,  or  absence  from  the  state,  the  powers  and  duties 
of  the  office  shall  devolve  upon  the  lieutenant-governor  for  the  residue 
of  the  term,  or  until  the  governor  absent  or  impeached  shall  return  or  be 
acquitted.  But  when  the  governor  shall,  with  the  consent  of  the  legis- 
lature, be  out  of  the  state  in  time  of  war,  at  the  head  of  a  military  force 
thereof,  he  shall  still  continue  commander-in-chief  of  all  the  military 
force  of  the  state. 

7.  The  lieutenant-governor  shall  be  president  of  the  senate,  but  shall 
have  only  a  casting  vote  therein.  If,  during  a  vacancy  of  the  office 
of  governor,  the  lieutenant-governor  shall  be  impeached,  displaced, 
resign,  die,  or  be  absent  from  the  state,  the  president  of  the  senate  shall 
act  as  governor,  until  the  vacancy  shall  be  filled,  or  the  disabiUty  shall 


AnTICLE  4. 

§  1.  Militia  officers  shall  be  chosen,  or  appointed,  as  follows:  Cap- 
tains, subalterns,  and  non-commissioned  officers  shall  be  chosen  by  the 
written  votes  of  the  members  of  their  respective  companies.  Field-offi- 
cers of  regiments,  and  separate  battalions,  by  the  written  votes  of  the 
commissioned  officers  of  the  respective  regiments,  and  separate  batta- 
lions. Brigadier-generals,  by  the  field  officers  of  their  respective  brigades. 
Major-generals,  brigadier-generals,  and  commanding  officers  of  regiments 
or  separate  battalions,  shall  appoint  the  staff-officers  to  their  respective 
divisions,  brigades,  regiments,  or  separate  battalions. 

2.  The  governor  shall  nominate,  and,  with  the  consent  of  the  senate, 
appoint,  all  major-generals,  brigade-inspectors,  and  chiefs  in  the  stall' de- 
partments, except  the  adjutants-general  and  commissary-general.  The 
adjutant-general  shall  be  appointed  by  the  governor. 

3.  The    legislature   shall,  by  law,  direct   the  time  and  manner  of 


NEW    YORK.  117 

electing  militia  officers,  and  of  certifying  their    elections   to  the  go- 
vernor. 

4.  The  commissioned  officers  of  the  militia  shall  be  commissioned  by 
the  governor;  and  no  commissioned  officer  shall  be  removed  from  office 
unless  by  the  senate  on  the  recommendation  of  the  governor,  stating  the 
grounds  on  which  such  removal  is  recommended,  or  by  the  decision 
of  a  court-martial,  pursuant  to  law.  The  present  officers  of  the  militia 
shall  hold  their  commissions,  subject  to  removal,  as  before  provided. 

5.  In  case  the  mode  of  election  and  appointment  of  militia  officers 
hereby  directed,  shall  not  be  found  conducive  to  the  improvement  of  the 
militia,  the  legislature  may  abolish  the  same,  and  provide  by  law  for 
their  appointment  and  removal,  if  two-thirds  of  the  members  present  in 
each  house  shall  concur  therein. 

6.  The  secretary  of  state,  comptroller,  treasurer,  attorney-general, 
surveyor-general,  and  commissary-general  shall  be  appointed  as  follows : 
The  senate  and  assembly  shall  each  openly  nominate  one  person  for  the 
said  offices  respectively :  after  which,  they  shall  meet  together,  and  if 
they  shall  agree  in  their  nominations,  the  person  so  nominated  shall  be 
appointed  to  the  office  for  which  he  shall  be  nominated.  If  they  shall 
disagree,  the  appointment  shall  be  made  by  the  joint  ballot  of  the  sen- 
ators and  members  of  assembly.  The  treasurer  shall  be  chosen  annually. 
The  secretary  of  state,  comptroller,  attorney-general,  surveyor-general, 
and  commissary-general,  shall  hold  their  offices  for  three  years,  un- 
less sooner  removed  by  concurrent  resolutions  of  the  senate  and  as- 
sembly. 

7.  The  governor  shall  nominate,  by  message,  in  writing,  and  with  the 
consent  of  the  senate,  shall  appoint  all  judicial  officers,  except  justices  of 
the  peace,  who  shall  be  appointed  in  manner  following,  that  is  to  say : 
The  board  of  supervisors  in  every  county  in  this  state,  shall,  at  such 
times  as  the  legislature  may  direct,  meet  together :  and  they  or  a  ma- 
jority of  them  so  assembled,  shall  nominate  so  many  f>ersons  as  shall  be 
equal  to  the  number  of  justices  of  the  peace,  to  be  appointed  in  the 
several  towns  in  the  respective  counties.  And  the  judges  of  the  respec- 
tive county  courts,  or  a  majority  of  them,  shall  also  meet  and  nominate 
a  like  number  of  persons  :  and  it  shall  be  the  duty  of  the  said  boards  of 
supervisors,  and  judges  of  county  courts,  to  compare  such  nominations, 
at  such  time  and  place  as  the  legislature  may  direct;  and  if,  on  such 
comparison,  the  said  boards  of  supervisors  and  judges  of  county  courts 
shall  agree  in  their  nominations,  in  all  or  in  part,  they  shall  file  a  certi- 
ficate of  the  nominations  in  which  they  shall  agree  in  the  office  of  the 
clerk  of  the  county ;  and  the  person  or  persons  named  in  such  certifi- 
cates shall  be  justices  of  the  peace  ;  and  in  case  of  disagreement  in  whole 
or  in  part,  it  shall  be  the  further  duty  of  the  said  boards  of  supervisors 
and  judges,  respectively,  to  transmit  their  said  nominations,  so  far  as 
they  disagree  in  the  same,  to  the  governor,  who  shall  select  from  the 
said  nominations,  and  appoint  so  many  justices  of  the  peace  as  shall 
be  requisite  to  fill  the  vacancies.  Every  person  appointed  a  justice  of 
the  peace  shall  hold  his  office  for  four  years,  unless  removed  by  the 
county  court,  for  causes  particularly  assigned  by  the  judges  of  the  said 
court  And  no  justice  of  the  peace  shall  be  removed,  until  he  shall 
have  notice  of  the  charges  made  against  him,  and  an  opportunity  of 
I  eing  heard  in  his  defence. 


118  CONSTITUTION   OF 

8.  Sheriffs,  and  clerks  of  counties,  including  the  register,  and  clerks 
of  the  city  and  county  of  New  York,  shall  be  chosen  by  the  electors  of 
the  respective  counties,  once  in  every  three  years,  and  as  often  as  vacan- 
cies shall  happen.  Sheriffs  shall  hold  no  other  office,  and  be  ineligible 
for  the  next  three  years  after  the  termination  of  their  offices.  They  may 
be  required  by  law  to  renew  their  security,  from  time  to  time,  and  in 
default  of  giving  such  new  security,  their  offices  shall  be  deemed 
vacant.  But  the  county  shall  never  be  made  responsible  for  the  acts 
of  the  sheriff.  And  the  governor  may  remove  any  such  sheriff,  clerk,  or 
register,  at  any  time  within  the  three  years  for  which  he  shall  be  elect- 
ed, giving  to  such  sheriff,  clerk,  or  register  a  copy  of  the  charges  against 
him,  and  an  opportunity  of  being  heard  in  his  defence,  before  any  re- 
moval shall  be  made. 

9.  The  clerks  of  courts,  except  those  clerks  whose  appointment  is 
provided  for  in  the  preceding  section,  shall  be  appointed  by  the  courts 
of  which  they  respectively  are  clerks  ;  and  district  attorneys,  by  the 
county  courts.  Clerks  of  courts,  and  district  attorneys,  shall  hold  their 
offices  for  three  years,  unless  sooner  removed  by  the  courts  appointing 
them. 

10.  The  mayors  of  all  the  cities  in  this  state  shall  be  appointed  an- 
nually by  the  common  councils  of  their  respective  cities. 

11.  So  many  coroners  as  the  legislature  may  direct,  not  exceeding 
four  in  each  county,  shall  be  elected  in  the  same  manner  as  sheriffs, 
and  shall  hold  their  offices  for  the  same  term,  and  be  removable  in  like 
manner. 

12.  The  governor  shall  nominate,  and,  with  the  consent  of  the  sen- 
ate, appoint  masters  and  examiners  in  chancery  ;  who  shall  hold  their 
offices  for  three  years,  unless  sooner  removed  by  the  senate,  on  the 
recommendation  of  the  governor.  The  registers,  and  assistant-registers, 
shall  be  appointed  by  the  chancellor,  and  hold  their  offices  during  his 
pleasure. 

13.  The  clerk  of  the  court  of  oyer  and  terminer,  and  general  sessions 
of  the  peace,  in  and  for  the  city  and  county  of  New  York,  shall  be  ap- 
pointed by  the  court  of  general  sessions  of  the  peace  in  said  city,  and 
hold  his  office  during  the  pleasure  of  said  court ;  and  such  clerks  and 
other  officers  of  courts,  whose  appointment  is  not  herein  provided  for, 
shall  be  appointed  by  the  several  courts  ;  or  by  the  governor,  with  the 
consent  of  the  senate,  as  may  be  directed  by  law. 

14.  The  special  justices,  and  the  assistant-justices,  and  their  clerks, 
in  the  city  of  New  York,  shall  be  appointed  by  the  common  council  of 
the  said  city ;  and  shall  hold  their  offices  for  the  same  term  that  the  jus- 
tices of  the  peace,  in  the  other  counties  of  this  state,  hold  their  offices, 
and  shall  be  removable  in  like  manner. 

15.  All  officers  heretofore  elective  by  the  people  shall  continue  to  be 
elected  ;  and  all  other  officers,  whose  appointment  is  not  provided  for  by 
this  constitution,  and  all  officers,  whose  offices  may  be  hereafter  created 
by  law,  shall  be  elected  by  the  people,  or  appointed  as  may  by  law  be 
directed. 

16.  Where  the  duration  of  any  office  is  not  prescribed  by  this  con- 
stitution, it  may  be  declared  by  law  ;  and  if  not  so  declared,  such  office 
shall  be  held  during  the  pleasure  of  the  authority  making  the  appoint- 
ment. 


NEW  YORK.  119 

ARTICLE    5. 

§  1.  The  court  for  the  trial  of  impeachments,  and  the  correction  of 
errors,  shall  consist  of  the  president  of  the  senate,  the  senators,  the 
chancellors,  and  the  justices  of  the  supreme  court,  or  the  major  part  of 
them  :  but  when  an  impeachment  shall  be  prosecuted  against  the  chan- 
cellor, or  any  justice  of  the  supreme  court,  the  person  so  impeached 
shall  be  suspended  from  exercising  his  office,  until  his  acquittal :  and 
when  an  appeal  from  a  decree  in  chancery  shall  be  heard,  the  chancellor 
shall  inform  the  court  of  the  reasons  for  his  decree,  but  shall  have  no 
voice  in  the  final  sentence ;  and  when  a  writ  of  error  shall  be  brought 
on  a  judgment  of  the  supreme  court,  the  justices  of  that  court  shall 
assign  the  reasons  for  their  judgment,  but  shall  not  have  a  voice  for  its 
affirmance  or  reversal. 

2.  The  assembly  shall  have  the  power  of  impeaching  all  civil  officers 
of  this  state  for  mal  and  corrupt  conduct  in  office,  and  high  crimes  and 
misdemeanors  :  but  a  majority  of  all  the  members  elected  shall  concur 
in  an  impeachment.  Before  the  trial  of  an  impeachment,  the  meml)crs 
of  the  court  shall  take  an  oath  or  affirmation,  truly  and  impartially  to 
try  and  determine  the  charge  in  question,  according  to  evidence  :  and  no 
person  shall  be  convicted  without  the  concurrence  of  two-thirds  of  the 
members  present.  Judgment,  in  cases  of  impeachment,  shall  not  extend 
further  than  the  removal  from  office,  and  disqualification  to  hold  and 
enjoy  any  office  of  honour,  trust,  or  profit  under  this  state  ;  but  the  party 
convicted  shall  be  liable  to  indictment  and  punishment,  according  to 
law. 

3.  The  chancellor,  and  justices  of  the  supreme  court,  shall  hold  their 
offices  during  good  behaviour,  or  until  they  shall  attain  the  age  of  sixty 
years. 

4.  The  supreme  court  shall  consist  of  a  chief-justice  and  two  justices, 
any  of  whom  may  hold  the  court. 

5.  The  state  shall  be  divided,  by  law,  into  a  convenient  number  of  cir- 
cuits, not  less  than  four,  nor  exceeding  eight,  subject  to  alteration  by 
the  legislature,  from  time  to  time,  as  the  public  good  may  require  ;  for 
each  of  which  a  circuit  judge  shall  be  appointed,  in  the  same  manner, 
and  hold  his  office  by  the  same  tenure,  as  the  justices  of  the  supreme 
court ;  and  who  shall  possess  the  powers  of  a  justice  of  the  supreme 
court  at  chambers,  and  in  the  trial  of  issues  joined  in  the  supreme  court, 
and  in  courts  of  oyer  and  terminer  and  jail  delivery.  And  such  equity 
powers  may  be  vested  in  the  said  circuit  judges,  or  in  the  county  courts, 
or  in  such  other  subordinate  courts,  as  the  legislature  may  by  law  direct, 
subject  to  the  appellate  jurisdiction  of  the  chancellor. 

6.  Judges  of  the  county  courts,  and  recorders  of  cities,  shall  hold 
their  office  for  five  years,  but  may  be  removed  by  the  senate,  on  the 

ecommendation  of  the  governor,  for  causes  to  be  stated  in  such  recom- 
mendation. 

7.  Neither  the  chancellor,  nor  justices  of  the  supreme  court,  nor  any 
circuit  judge,  shall  hold  any  other  office  or  public  trust.  All  votes  for 
any  elective  office,  given  by  the  legislature  or  the  people,  for  the  chan- 
cellor, or  a  justice  of  the  supreme  court,  or  circuit  judge,  during  his 
continuance  in  his  judicial  office,  shall  be  void. 


laO  CONSTITUTION    OF 

AllTICLE   6. 

§  1.  Members  of  the  legislature,  and  all  officers,  executive  and  judi- 
cial, except  such,  inferior  officers  as  may  by  law  be  exempted,  shall, 
before  they  enter  on  the  duties  of  their  respective  offices,  take  and  sub- 
scribe the  following  oath  oi  affirmation  : 

I  do  solemnly  swear,  (or  affirm,  as  the  case  may  be,)  that  I  will  sup- 
port the  constitution  of  the  United  States,  and  the  constitution  of  the 
state  of  New  York,  and  that  I  will  faithfully  discharge  the  duties  of  the 
office  of according  to  the  best  of  my  ability. 

And  no  other  oath,  declaration,  or  test  shall  be  required  as  a  qualifi- 
;ation  for  any  office  or  public  trust. 

AKTICLE  7. 

§  1.  No  member  of  this  state  shall  be  disfranchised,  or  deprived  of 
any  rights  or  privileges  secured  to  any  citizen  thereof,  unless  by  the  law 
of  the  land  or  the  judgment  of  his  peers. 

2.  The  trial  by  jury,  in  all  cases  in  which  it  has  been  heretofore  used, 
shall  remain  inviolate  for  ever ;  and  no  new  court  shall  be  instituted, 
but  such  as  shall  proceed  according  to  the  course  of  the  common  law ; 
except  such  courts  of  equity  as  the  legislature  is  herein  authorized  to 
establish. 

3.  The  free  exercise  and  enjoyment  of  religious  profession  and  wor- 
ship, without  discrimination  or  preference,  shall  for  ever  be  allowed  in 
this  state  to  all  mankind :  but  the  liberty  of  conscience  hereby  secured 
shall  not  be  so  construed  as  to  excuse  acts  of  licentiousness,  or  justify 
practices  inconsistent  with  the  peace  or  safety  of  this  state. 

4.  And  whereas  the  ministers  of  the  gospel  are,  by  their  profession, 
dedicated  to  the  service  of  God,  and  the  care  of  souls,  and  ought  not  to 
be  diverted  from  the  great  duties  of  their  functions  :  therefore,  no  min- 
ister of  the  gospel,  or  priest  of  any  denomination  whatsoever,  shall,  at 
any  time  hereafter,  under  any  pretence  or  description  whatever,  be  eligi- 
ble to,  or  capable  of  holding  any  civil  or  military  office  or  place  within 
this  state. 

5.  The  militia  of  the  state  shall,  at  all  times  hereafter,  be  armed  and 
disciplined,  and  in  readiness  for  ser^ace  ;  but  all  such  inhabitants  of  this 
state,  of  any  religious  denomination  whatever,  as  from  scruples  of  con- 
science may  be  averse  to  bearing  arms,  shall  be  excused  therefrom,  by 
paying  to  the  state  an  equivalent  in  money  :  and  the  legislature  shall 
provide  by  law  for  the  collection  of  such  equivalent,  to  be  estimated  ac- 
cording to  the  expense  in  time  and  money  of  an  ordinary  able-bodied 
militia  man. 

6.  The  privilege  of  the  writ  oi  habeas  corpus  shall  not  be  suspended, 
unless  when,  in  cases  of  rebellion  or  invasion,  the  public  safety  may 
require  its  suspension. 

7.  No  person  shall  be  held  to  answer  for  a  capital  or  other  infamous 
crime,  [except  in  cjises  of  impeachment,  a^d  in  cases  of  the  militia 
when  in  actual  service  ;  and  the  land  and  naval  forces  in  time  of  war, 
or  which  this  state  may  keep,  with  the  consent  of  the  congress,  in  time 
of  peace,  and  in  cases  of  petit  larceny,  under  the  regulation  of  the  legis- 
lature ;]  unless  on  presentment,  or  indictment,  of  a  grand  jury  ;  and  in 
every  trial  on  impeachment  or  indictment,  the  party  accused  shal'  be 


NEW  YORK.  121 

allowed  counsel  as  in  civil  actions.  No  person  shall  be  subject  for  the 
same  offence  to  be  twice  put  in  jeopardy  of  life  or  limb  ;  nor  shall  he 
be  compelled,  in  any  criminal  case,  to  be  a  witness  against  himself ;  nor 
be  deprived  of  life,  liberty,  or  property,  without  due  process  of  law  :  nor 
shall  private  property  be  taken  for  public  use,  without  just  compensa- 
tion. 

8.  Every  citizen  may  freely  speak,  write,  and  publish  his  sentiments 
on  all  subjects,  being  responsible  for  the  abuse  of  that  right ;  and  no  law 
shall  be  passed  to  restrain  or  abridge  the  liberty  of  speech,  or  of  the 
press.  In  all  prosecutions,  or  indictments  for  libels,  the  truth  may  be 
given  in  evidence  to  the  jury :  and  if  it  shall  appear  to  the  jury,  that 
the  matter  charged  as  libellous  is  true,  and  was  published  with  good  mo- 
tives, and  for  justifiable  ends,  the  party  shall  be  acquitted  ;  and  the  jury 
shall  have  the  right  to  determine  the  law  and  the  fact. 

9.  The  assent  of  two-thirds  of  the  members  elected  to  each  branch  of 
the  legislature  shall  be  requisite  to  every  bill  appropriating  the  public 
moneys  or  property  for  local  or  private  purposes,  or  creating,  contin- 
uing, altering,  or  renewing  any  body  politic  or  corporate. 

10.  The  proceeds  of  all  lands  belonging  to  this  state,  except  such 
parts  therectf  as  may  be  reserved  or  appropriated  to  public  use,  or  ceded 
to  the  United  States,  which  shall  hereafter  be  sold  or  disposed  of,  to- 
gether with  the  fund  denominated  the  common  school  fund,  shall  be  and 
remain  a  perpetual  fund,  the  interest  of  which  shall  be  inviolably  ap- 
propriated and  applied  to  the  support  of  common  schools  throughout 
this  state.  Rates  of  toll,  not  less  than  those  agreed  to  by  the  canal  com- 
missioners, and  set  forth  in  their  report  to  the  legislature  of  the  twelfth 
of  March,  one  thousand  eight  hundred  and  twenty-one,  shall  be  im- 
posed on,  and  collected  from,  all  parts  of  the  navigable  communication 
between  the  great  western  and  northern  lakes  and  the  Atlantic  ocean, 
which  now  are,  or  hereafter  shall  be,  made  and  completed  ;  and  the  said 
tolls,  together  with  the  duties  on  the  manufacture  of  all  salt,  as  estab- 
lished by  the  act  of  the  fifteenth  of  April,  one  thousand  eight  hundred 
and  seventeen  :  and  the  duties  on  goods  sold  at  auction,  excepting  there- 
from the  sum  of  thirty-three  thousand  five  hundred  dollars,  otherwise 
appropriated  by  the  said  act ;  and  the  amount  of  the  revenue,  established 
by  the  act  of  the  legislature  of  the  thirtieth  of  March,  one  thousand 
eight  hundred  and  twenty,  in  lieu  of  the  tax  upon  steamboat  passen- 
gers ;  shall  be  and  remain  inviolably  appropriated  and  applied  to  the 
completion  of  such  navigable  communications,  and  to  the  payment  of 
the  interest,  and  reimbursement  of  the  capital,  of  the  money  already 
borrowed,  or  which  hereafter  shall  be  borrowed,  to  make  and  complete 
the  same.  And  neither  the  rates  of  toll  on  the  said  navigable  commu- 
nications, nor  the  duties  on  the  manufacture  of  salt  aforesaid,  nor  the 
duties  on  goods  sold  at  auction,  as  established  by  the  act  of  the  fifteenth 
of  April,  one  thousand  eight  hundred  and  seventeen  ;  nor  the  amount 
of  the  revenue,  established  by  the  act  of  March  the  thirtieth,  one  thou- 
sand eight  hundred  and  twenty,  in  lieu  of  the  tax  upon  steamboat  pas- 
sengers ;  shall  be  reduced  or  diverted,  at  an  f  time,  before  the  full  and 
complete  payment  of  the  principal  and  interest  of  the  money  borrowed, 
or  to  be  borrowed,  as  aforesaid.  And  the  legislature  shall  never  sell  or 
dispose  of  the  salt  springs  belonging  to  this  state,  nor  the  lands  con- 
tiguous thereto,  which  may  be  necessary  or  convenient  for  their  use,  nor 

I. 


122  CONSTITUTION   OF 

the  said  navigable  communications,  or  any  part  or  section  thereof,  but 

the  same  shall  be  and  remain  the  property  of  this  state. 

11.  No  lottery  shall  hereafter  be  authorized  in  this  state;  and  the 
legislature  shall  pass  laws  to  prevent  the  sale  of  all  lottery  tickets  within 
this  state,  except  in  lotteries  already  provided  for  by  law. 

12.  No  purchase  or  contract  for  the  sale  of  lands  in  this  state,  made 
since  the  fourteenth  day  of  October,  one  thousand  seven  hundred  and 
seventy -five,  or  which  may  hereafter  be  made,  of  or  with  the  Indians  in 
this  state,  shall  be  valid,  unless  under  the  authority,  and  with  the  con- 
sent of  the  legislature. 

13.  Such  parts  of  the  common  law,  and  of  the  acts  of  the  legislature 
of  the  colony  of  New  York,  as  together  did  form  the  law  of  the  said 
colony  on  the  nineteenth  day  of  April,  one  thousand  seven  hundred  and 
seventy-five,  and  the  resolutions  of  the  congress  of  the  said  colony,  and 
of  the  convention  of  the  state  of  New  York,  in  force  on  the  twentieth 
day  of  April,  one  thousand  seven  hundred  and  seventy-seven,  which 
have  not  since  expired,  or  been  repealed,  or  altered,  and  siich  acts  of  the 
legislature  of  this  state  as  are  now  in  force,  shall  be  and  continue  the 
law  of  this  state,  subject  to  such  alterations  as  the  legislature  shall  make 
concerning  the  same.  But  all  such  parts  of  the  common  law,  and  such 
of  the  said  acts,  or  parts  thereof,  as  are  repugnant  to  this  constitution 
are  hereby  abrogated. 

14.  All  grants  of  land  within  this  state,  made  by  the  king  of  Great 
Britain,  or  persons  acting  under  his  authority,  after  the  fourteenth  day 
of  October,  one  thousand  seven  hundred  and  seventy-five,  shall  be  null 
and  void  ;  but  nothing  contained  in  this  constitution  shall  affect  any 
grants  of  land  within  this  state,  made  by  the  authority  of  the  said  king 
or  his  predecessors,  or  shall  annul  any  charters  to  bodies  politic  and  cor- 
porate, by  him  or  them  made  before  that  day  ;  or  shall  affect  any  such 
grants  or  charters  since  made  by  this  state,  or  by  persons  acting  under 
its  authority  ;  or  shall  impair  the  obligations  of  any  debts  contracted  by 
the  state,  or  individuals,  or  bodies  corporate,  or  any  other  rights  of  pro- 
perty, or  any  suits,  actions,  rights  of  action,  or  proceedings,  in  courts  of 
justice. 

ARTICLE    8. 

§  1.  Any  amendment  or  amendments  to  this  constitution  may  be  pro- 
posed in  the  senate  or  assembly ;  and  if  the  same  shall  be  agreed  to  by 
a  majority  of  the  members  elected  to  each  of  the  two  houses,  such  pro- 
posed amendment,  or  amendments,  shall  be  entered  on  their  journals, 
with  the  yeas  and  nays  taken  thereon,  and  referred  to  the  legislature 
then  next  to  be  chosen ;  and  shall  be  published,  for  three  months  pre- 
.vious  to  the  time  of  making  such  choice ;  and  if,  in  the  legislature  next 
chosen  as  aforesaid,  such  proposed  amendment  or  amendments,  shall  be 
agreed  to  by  two-thirds  of  all  the  members  elected  to  each  house,  then  it 
shall  be  the  duty  of  the  legislature  to  submit  such  proposed  amendment, 
or  amendments,  to  the  people,  in  such  manner,  and  at  such  time,  as  the 
legislature  shall  prescribe ;  and  if  the  people  shall  approve  and  ratify 
such  amendment,  or  amendments,  by  a  majority  of  the  electors  quaUfied 
to  vote  for  members  of  the  legislature  voting  thereon,  such  amendment 
or  amendments  shall  become  part  of  the  constitution. 


NEW   YORK.  123 

ARTICLE    9. 

§  1.  This  constitution  shall  be  in  force  from  the  last  day  of  Decem- 
ber, in  the  year  one  thousand  eight  hundred  and  twenty-two.  But  all 
those  parts  of  the  same  which  relate  to  the  right  of  suffrage,  the  division 
of  the  state  into  senate  districts,  the  number  of  members  of  the  assembly 
to  be  elected  in  pursuance  of  this  constitution,  the  appointment  of  mem- 
bers of  assembly,  the  elections  hereby  directed  to  commence  on  the  first 
Monday  of  Noveml>er,  in  the  year  one  thousand  eight  hundred  and 
twenty -two,  the  continuance  of  the  members  of  the  present  legislature  in 
office  until  the  first  day  of  January,  in  the  year  one  thousand  eight  hun- 
dred and  twenty -three,  and  the  prohibition  against  authorizing  lotteries, 
the  prohibition  against  appropriating  the  public  moneys  or  property  for 
local  or  private  purposes,  or  creating,  continuing,  altering,  or  renewing 
any  body  politic,  or  corporate  without  the  assent  of  two-thirds  of  the 
members  elected  to  each  branch  of  the  legislature,  shall  be  in  force  and 
take  effect  from  the  last  day  of  February  next.  The  members  of  the 
present  legislature  shall,  on  the  first  Monday  of  March  next,  take  and 
subscribe  an  oath  or  affirmation  to  support  the  constitution,  so  far  as  the 
same  shall  then  be  in  force.  Sheriff's,  clerks  of  counties,  and  coroners 
shall  be  elected  at  the  election  hereby  directed  to  commence  on  the  first 
Monday  of  November,  in  the  year  one  thousand  eight  hundred  and 
twenty-tw^o ;  but  they  shall  not  enter  on  the  duties  of  their  offices  before 
the  first  day  of  January  then  next  following.  The  commissions  of  all 
persons  holding  civil  offices  on  the  last  day  of  December,  one  thousand 
eight  hundred  and  twenty-two,  shall  expire  on  that  day  ;  but  the  officers 
then  in  commission  may  respectively  continue  to  hold  their  said  offices, 
until  new  appointments  or  elections  shall  take  place  under  tliis  consti- 
tution. 

2.  The  existing  laws,  relative  to  the  manner  of  notifying,  holding,  and 
conducting  elections,  making  returns,  and  canvassing  votes,  shall  be  in 
force  and  observed,  in  respect  of  the  elections  hereby  directed  to  com- 
mence on  the  first  Monday  of  November,  in  the  year  one  thousand 
eight  hundred  and  twenty -two,  so  far  as  the  same  are  applicable.  And 
the  present  legislature  shall  pass  such  other  and  further  laws,  as  may  be 
requisite  for  the  execution  of  the  provisions  of  this  constitution,  in  re- 
spect to  elections. 

Done  in  convention,  at  the  capitol,  in  the  city  of  Albany,  the  tenth 
day  of  November,  in  the  year  one  thousand  eight  hundred  and 
twenty-one,  and  of  the  independence  of  the  United  States  of  Ame- 
rica the  forty -sixth. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names. 

DANIEL  D.  TOMPKINS,  President. 
John  F.  Bacoh-,  7  „       ,     . 

Samuel  S.  Gaudixeb,  5  '^^'''''^'''** 


134  CONSTITUTION  OF 


A  CONSTITUTION 

Agreed  vpon  by  the  delegates  of  the  people  of  New  Jersey, 
in  Convention^  begun  at  Trenton  on  the  fourteenth  day 
of  May,  and  continued  to  the  twenty-ninth  day  of  June, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
fortyfour. 


We,  the  people  of  the  State  of  New  Jersey,  grateful  to  Almighty 
God  for  the  civil  and  religious  liberty  which  he  hath  so  long  permitted 
us  to  enjoy,  and  looking  to  Him  for  a  blessing  upon  our  endeavours  to 
secure  and  transmit  the  same  unimpaired  to  succeeding  generations,  do 
ordain  and  establish  this  constitution. 

ARTICLE  I. 

BIGHTS    AND   PRIVILEGES. 

1.  All  men  are  by  nature  free  and  independent,  and  have  certain 
natural  and  unalienable  rights,  among  which  are  those  of  enjoying  and 
defending  life  and  liberty,  acquiring,  possessing,  and  protecting  property, 
and  of  pursuing  and  obtaining  safety  and  happiness. 

2.  All  political  power  is  inherent  in  the  people. 

Government  is  instituted  for  the  protection,  security  and  benefit  of  the 
people,  and  they  have  the  right  at  all  times  to  alter  or  reform  the  same, 
whenever  the  public  good  may  require  it. 

3.  No  person  shall  be  deprived  of  the  inestimable  privilege  of  worship- 
ping Almighty  God  in  a  manner  agreeable  to  the  dictates  of  his  own 
conscience;  nor  under  any  pretence  whatever  be  compelled  to  attend 
any  place  of  worship  contrary  to  his  faith  and  judgment ;  nor  shall  any 
person  be  obliged  to  pay  tithes,  taxes,  or  other  rates  for  building  or 
repairing  any  church  or  churches,  place  or  places  of  worship,  or  for  the 
maintenance  of  any  minister  or  ministry,  contrary  to  what  he  believes  to 
be  right,  or  has  deliberately  and  voluntarily  engaged  to  perform. 

4.  There  shall  be  no  establishment  of  one  religious  sect  in  preference 
to  another;  no  religious  test  shall  be  required  as  a  qualification  fof  any 
office  or  public  trust;  and  no  person  shall  be  denied  the  enjoyment  of 
any  civil  right  merely  on  account  of  his  religious  principles. 

5.  Every  person  may  freely  speak,  write,  and  publish  his  sentiments 


NEW  JERSEY.  125 

on  all  subjects,  being  responsible  for  the  abuse  of  that  right.  No  law 
shall  be  passed  to  restrain  or  abridge  the  liberty  of  speech  or  of  the  press. 
In  all  prosecutions  or  indictments  for  libel,  the  truth  may  be  given  in 
evidence  to  the  jury;  and  if  it  shall  appear  to  the  jury  that  the  matter 
charged  as  libellous  is  true,  and  was  published  with  good  motives  and 
for  justifiable  ends,  the  party  shall  be  acquitted ;  and  the  jury  shall  have 
the  right  to  determine  the  law  and  the  fact. 

6.  The  right  of  the  people  to  l>e  secure  in  their  persons,  houses, 
papers  and  effects,  against  unreasonable  searches  and  seizures,  shall  not 
be  violated ;  and  no  warrant  shall  issue  but  upon  probable  cause,  sup- 
ported by  oath  or  affirmation,  and  particularly  describing  the  place  to  be 
searched  and  the  papers  and  things  to  be  seized. 

7.  The  right  of  trial  by  jury  shall  remain  inviolate;  but  the  legislature 
may  authorize  the  trial  of  civil  suits,  when  the  matter  in  dispute  does 
not  exceed  fifty  dollars,  by  a  jury  of  six  men. 

8.  In  all  criminal  prosecutions  the  accused  shall  have  the  right  to  a 
speedy  and  public  trial  by  an  impartial  jury;  to  be  informed  of  the 
nature  and  cause  of  the  accusation;  to  be  confronted  with  the  witnesses 
against  him;  to  have  compulsory  process  for  obtaining  witnesses  in  his 
favour,  and  to  have  the  assistance  of  counsel  in  his  defence. 

9.  No  person  shall  be  held  to  answer  for  a  criminal  offence,  unless 
on  the  presentment  or  indictment  of  a  grand  jury,  except  in  cases  of 
impeachment,  or  in  cases  cognizable  by  justices  of  the  peace,  or  arising 
in  the  army  or  navy;  or  in  the  militia,  when  in  actual  service  in  time 
of  war  or  public  danger. 

10.  No  person  shall,  after  acquittal,  be  tried  for  the  same  offence. 
All  persons  shall,  before  conviction,  be  bailable  by  sufficient  sureties, 
except  for  capital  offences,  when  the  proof  is  evident  or  presumption 
great. 

11.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless  in  case  of  rebellion  or  invasion  the  public  safety  may  require  it. 

12.  The  military  shall  be  in  strict  subordination  to  the  civil  power. 

13.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner,  nor  in  time  of  war,  except  in  a  manner 
prescribed  by  law. 

14.  Treason  against  the  state  shall  consist  only  in  levying  war 
against  it,  or  in  adhering  to  its  enemies,  giving  them  aid  and  comfort. 
No  person  shall  be  convicted  of  treason,  unless  on  the  testimony  of  two 
witnesses  to  the  same  overt  act,  or  on  confession  in  open  court. 

15.  Excessive  bail  shall  not  be  required,  excessive  fines  shall  not  be 
imposed,  and  cruel  and  unusual  punishments  shall  not  be  inflicted. 

16.  Private  property  shall  not  be  taken  for  public  use,  without  just 
compensation  ;  but  land  may  be  taken  for  public  highways,  as  hereto- 
fore, until  the  legislature  shall  direct  compensation  to  be  made. 

l2 


126  CONSTITUTION  OF 

17.  No  person  shall  be  imprisoned  for  debt  in  any  action,  or  on  any 
judgment  founded  upon  contract,  unless  in  cases  of  fraud;  nor  shall  any 
person  be  imprisoned  for  a  militia  fine  in  time  of  peace. 

18.  The  people  have  the  right  freely  to  assemble  together,  to  consult 
for  the  common  good,  to  make  known  their  opinions  to  their  representa- 
tives, and  to  petition  for  redress  of  grievances. 

19.  This  enumeration  of  rights  and  privileges  shall  not  be  construed 
to  impair  or  deny  others  retained  by  the  people. 

ARTICLE  II. 

RIGHT  OF  SUFFRAGE. 

1.  Every  white  male  citizen  of  the  United  States,  of  the  age  of  twenty- 
one  years,  who  shall  have  been  a  resident  of  this  state  one  year,  and  of 
the  county  in  which  he  claims  his  vote  five  months,  next  before  the 
election,  shall  be  entitled  to  vote  for  all  officers  that  now  arc,  or  hereafter 
may  be  elective  by  the  people ;  provided,  that  no  person  in  the  military, 
naval,  or  marine  service  of  the  United  States  shall  be  considered  a  resi- 
dent in  this  state,  by  being  stationed  in  any  garrison,  barrack,  or  raiUtary 
or  naval  place  or  station  within  this  state ;  and  no  pauper,  idiot,  insane 
person,  or  person  convicted  of  a  crime  which  now  excludes  him  from 
being  a  witness,  unless  pardoned  or  restored  by  law  to  the  right  of  suf- 
frage, shall  enjoy  the  right  of  an  elector. 

2.  The  legislature  may  pass  laws  to  deprive  persons  of  the  right  of 
suffrage  who  shall  be  convicted  of  bribery  at  elections. 

ARTICLE  III. 

DISTRIBUTION  OF  THE  POWERS  OF  GOVERNMENT. 

1.  The  powers  of  the  government  shall  be  divided  into  three  distinct 
departments — the  legislative,  executive  and  judicial ;  and  no  person  or 
persons  belonging  to,  or  constituting  one  of  these  departments,  shall 
exercise  any  of  the  powers  properly  belonging  to  either  of  the  others, 
except  as  herein  expressly  provided. 

ARTICLE  IV. 

LEGISLATIVE. 

Section  1. 

1.  The  legislative  power  shall  be  vested  in  a  Senate  and  General 
Assembly. 

2.  No  person  shall  be  a  member  of  the  Senate  who  shall  not  have 
attained  the  age  of  thirty  years,  and  have  been  a  citizen  and  inhabitant 
of  the  state  for  four  years,  and  of  the  county  for  which  he  shall  be 
chosen  one  year,  next  before  his  election ;  and  no  person  shall  be  a 


NEW  JERSEY.  127 

member  of  the  General  Assembly  who  shall  not  have  attained  the  age 
of  twenty-one  years,  and  have  been  a  citizen  and  inhabitant  of  the  state 
for  two  years,  and  of  the  county  for  which  he  shall  be  chosen  one  year 
next  before  his  election ;  provided,  that  no  person  shall  be  eligible  as  a 
member  of  either  house  of  the  legislature,  who  shall  not  be  entitled  to 
the  right  of  suffrage. 

3.  Members  of  the  Senate  and  General  Assembly  shall  be  elected 
yearly  and  every  year,  on  the  second  Tuesday  of  October;  and  the  two 
houses  shall  meet  separately  on  the  second  Tuesday  in  January  next 
after  the  said  day  of  election ;  at  which  time  of  meeting  the  legislative 
year  shall  commence ;  but  the  time  of  holding  such  election  may  be 
altered  by  the  legislature. 

Section  2. 

1.  The  Senate  shall  be  composed  of  one  senator  from  each  county  in 
the  state,  elected  by  the  legal  voters  of  the  counties,  respectively  for  three 
years. 

3.  As  soon  as  the  Senate  shall  meet  after  the  first  election  to  be  held 
in  pursuance  of  this  Constitution,  they  shall  be  divided  as  equally  as 
may  be  into  three  classes.  The  seats  of  the  senators  of  the  first  class 
shall  be  vacated  at  the  expiration  of  the  first  year ;  of  the  second  class 
at  the  expiration  of  the  second  year;  and  of  the  third  class  at  the  expi- 
ration of  the  third  year;  so  that  one  class  may  be  elected  every  year, 
and  if  vacancies  happen,  by  resignation  or  otherwise,  the  persons  elected 
to  supply  such  vacancies  shall  be  elected  for  the  unexpired  terms  only. 

Section  3. 

1.  The  General  Assembly  shall  be  composed  of  members  annually 
elected  by  the  legal  voters  of  the  counties,  respectively,  who  shall  be 
apportioned  among  the  said  counties  as  nearly  as  may  be  according  to 
the  number  of  their  inhabitants.  The  present  apportionment  shall  con- 
tinue until  the  next  census  of  the  United  States  shall  have  been  taken, 
and  an  apportionment  of  members  of  the  General  Assembly  shall  be 
made  by  the  legislature  at  its  first  session  after  the  next  and  every  sub- 
sequent enumeration  or  census,  and  when  made  shall  remain  unaltered 
until  another  enumeration  shall  have  been  taken  ;  provided,  that  each 
county  shall  at  all  times  be  entitled  to  one  member  ^  and  the  whole 
number  of  members  shall  never  exceed  sixty. 

Section  4. 

1.  Each  house  shall  direct  writs  of  election  for  supplying  vacancies, 
occasioned  by  death,  resignation,  or  otherwise ;  but  if  vacancies  occur 
during  the  recess  of  the  legislature,  the  writs  may  be  issued  by  the 
governor,  under  such  regulations  as  may  be  prescribed  by  law. 

2.  Each  house  shall  be  the  judge  of  the  elections,  returns  and  quali- 
fications of  its  own  members,  and  a  majority  of  each  shall  constitute  a 


128  CONSTITUTION  OF 

quorum  to  do  business;  but  a  smaller  number  may  adjourn  from  day  to 
day,  and  may  be  authorized  to  compel  the  attendance  of  absent  members, 
in  such  manner,  and  under  such  penalties,  as  each  house  shall  provide. 

3.  Each  house  shall  choose  its  own  officers,  determine  the  rules  of  its 
proceedings,  punish  its  members  for  disorderly  behaviour,  and,  with  the 
concurrence  of  two  thirds,  may  expel  a  member. 

4.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  from  time 
to  time  publish  the  same;  and  the  yeas  and  nays  of  the  members  of 
either  house  on  any  question  shall,  at  the  desire  of  one  fifth  of  those 
present,  be  entered  on  the  journal. 

5.  Neither  house,  during  the  session  of  the  legislature,  shall,  without 
the  consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any 
other  place  than  that  in  which  the  two  houses  shall  be  sitting. 

6.  All  bills  and  joint  resolutions  shall  be  read  three  times  in  each 
house,  before  the  final  passage  thereof;  and  no  bill  or  joint  resolution 
shall  pass,  unless  there  be  a  majority  of  all  the  members  of  each  body 
personally  present  and  agreeing  thereto :  and  the  yeas  and  nays  of  mem- 
bers voting  on  such  final  passage  shall  be  entered  on  the  journal. 

7.  Members  of  the  Senate  and  General  Assembly  shall  receive  a 
compensation  for  their  services,  to  be  ascertained  by  law,  and  paid  out 
of  the  treasury  of  the  state;  which  compensation  shall  not  exceed  the 
sum  of  three  dollars  per  day  for  the  period  of  forty  days  from  the  com- 
mencement of  the  session  ;  and  shall  not  exceed  the  sum  of  one  dollar 
and  fifty  cents  per  day  for  the  remainder  of  the  session.  When  con- 
vened in  extra  session  by  the  Governor,  they  shall  receive  such  sum  as 
shall  be  fixed  for  the  first  forty  days  of  the  ordinary  session.  They  shall 
also  receive  the  sum  of  one  dollar  for  every  ten  miles  they  shall  travel, 
in  going  to  and  returning  from  their  place  of  meeting,  on  the  most  usual 
route.  The  President  of  the  Senate  and  the  Speaker  of  the  Hous§  of 
Assembly  shall,  in  virtue  of  their  offices,  receive  an  additional  compen- 
sation, equal  to  one  third  of  their  per  diem  allowance  as  members. 

8.  Members  of  the  Senate  or  of  the  General  Assembly  shall,  in  all 
cases  except  treason,  felony,  and  breach  of  peace,  be  privileged  from 
arrest  during  their  attendance  at  the  sitting  of  their  respective  houses, 
and  in  going  to  and  returning  from  the  same  ;  and  for  any  speech  or 
debate,  in  either  house,  they  shall  not  be  questioned  in  any  other  place. 

Section  5. 

1.  No  member  of  the  Senate  and  General  Assembly  shall,  during  the 
time  for  which  he  was  elected,  be  nominated  or  appointed  by  the 
governor  or  by  the  legislature  in  joint-meeting,  to  any  civil  office  under 
the  authority  of  this  state,  which  shall  have  been  created,  or  the  emolu- 
ments whereof  shall  have  been  increased,  during  such  time. 

2.  If  any  member  of  the  Senate  or  General  Assembly  shall  be  elected 
to  represent  this  state  in  the  Senate  or  House  of  Representatives  of  the 


NEW  JERSEY.  [129] 

United  States,  and  shall  accept  thereof,  or  shall  accept  of  any  office  or 
appointment  under  the  government  of  the  United  States,  his  seat  in  the 
legislature  of  this  state  shall  thereby  be  vacated. 

3.  No  justice  of  the  supreme  court,  nor  judge  of  any  other  court, 
sheriff,  justice  of  the  peace,  nor  any  person  or  persons  possessed  of  any 
office  of  profit  under  the  government  of  this  state  shall  be  entitled  to  a 
Beat  either  in  the  Senate  or  in  the  General  Assembly ;  but  on  being 
elected  and  taking  his  seat,  his  office  shall  be  considered  vacant :  and  no 
person  holding  any  office  of  profit  under  the  government  of  the  United 
States  shall  be  entitled  to  a  seat  in  either  house. 

Section  6. 

1.  All  bills  for  raising  revenue  shall  originate  in  the  House  of  Assem- 
bly ;  but  the  Senate  may  propose  or  concur  with  amendments,  as  on 
other  bills. 

2.  No  money  shall  be  drawn  from  the  treasury  but  for  appropriations 
made  by  law. 

3.  The  credit  of  the  stale  shall  not  be  directly  or  indirectly,  loaned  in 
any  case. 

4.  The  legislature  shall  not,  in  any  manner,  create  any  debt  or  debts, 
liability  or  liabilities,  of  the  state,  which  shall  singly  or  in  the  aggregate 
with  any  previous  debts  or  Habilities  at  any  time  exceed  one  hundred 
thousand  dollars,  except  for  purposes  of  war,  or  to  repel  invasion,  or  to 
suppress  insurrection,  unless  the  same  shall  be  authorized  by  a  law  for 
some  single  object  or  work,  to  be  distinctly  specified  therein ;  which  law 
shall  provide  the  ways  and  means,  exclusive  of  loans,  to  pay  the  interest 
of  each  debt  or  liability  as  it  falls  due,  and  also  to  pay  and  discharge  the 
principal  of  such  debt  or  liability  within  thirty-five  years  from  the  time 
of  the  contracting  thereof,  and  shall  be  irrepealable  until  such  debt  or 
liabiUty,  and  the  interest  thereon,  are  fully  paid  and  discharged ;  and  no 
such  law  shall  take  effect  until  it  shall,  at  a  general  election,  have  been 
submitted  to  the  people,  and  have  received  the  sanction  of  a  majority 
of  all  the  votes  cast  for  and  against  it  at  such  election  ;  and  all  money  to 
be  raised  by  the  authority  of  such  law  shall  be  applied  only  to  the 
specific  object  stated  therein  and  to  the  payment  of  the  debt  thereby 
created.  This  section  shall  not  be  construed  to  refer  to  any  money  that 
has  been,  or  may  be,  deposited  with  this  state  by  the  government  q|jthe 
United  States. 

Section  7. 

1.  No  divorce  shall  be  granted  by  the  legislature. 

2.  No  lottery  shall  be  authorized  by  this  state ;  and  no  ticket  in  any 
lottery  not  authorized  by  a  law  of  this  state  shall  be  bought  or  sold  within 
the  state. 

3.  The  legblature  shall  not  pass  any  bill  of  attainder,  ex  post  facto 


[130]  CONSTITUTION   OF 

law,  or  law  impairing  the  obligation  of  contracts,  or  depriving  a  party 
of  any  remedy  for  enforcing  a  contract  which  existed  when  the  contract 
was  made. 

4.  To  avoid  improper  influences  which  may  result  from  intermixing 
in  one  and  the  same  act  such  things  as  have  no  proper  relation  to  each 
other,  every  law  shall  embrace  but  one  object,  and  that  shall  be  expressed 
in  the  title. 

5.  The  laws  of  this  state  shall  begin  in  the  following  style,  "Be  it 
enacted  by  the  Senate  and  General  Assembly  of  the  Slate  of  New 
Jersey." 

6.  The  fund  for  the  support  of  free  schools,  and  all  money,  stock,  and 
other  property,  which  may  hereafter  be  appropriated  for  that  purpose,  or 
received  into  the  treasury  under  the  provision  of  any  law  heretofore 
passed  to  augment  the  said  fund,  shall  be  securely  invested,  and  remain 
a  perpetual  fund  ;  and  the  income  thereof,  except  so  much  as  it  may  be 
judged  expedient  to  apply  to  an  increase  of  the  capital,  shall  be  annually 
appropriated  to  the  support  of  public  schools,  for  the  equal  benefit  of  jail 
the  people  of  the  state ;  and  it  shall  not  be  competent  for  the  legislature 
to  borrow,  appropriate,  or  use  the  said  fund,  or  any  part  thereof,  for  any 
other  purpose,  under  any  pretence  whatever. 

7.  No  private  or  special  law  shall  be  passed  authorizing  the  sale  of 
any  lands  belonging  in  whole  or  in  part  to  a  minor  or  minors,  or  other 
persons  who  may  at  the  time  be  under  any  legal  disability  to  act  for 
themselves. 

8.  The  assent  of  three-fifths  of  the  members  elected  to  each  house  shall 
be  requisite  to  the  passage  of  every  law  for  granting,  continuing,  alter- 
ing, amending,  or  renewing  charters  for  banks  or  money  corporations  ; 
and  all  such  charters  shall  be  limited  to  a  term  not  exceeding  twenty 
years. 

9.  Individuals  or  private  corporations  shall  not  be  authorized  to  take 
private  property  for  public  use,  without  just  compensation  first  made  to 
the  owners. 

10.  The  legislature  may  vest  in  the  circuit  courts  or  courts  of  common 
pleas  within  the  several  counties  of  this  state,  chancery  powers,  so  far  as 
relates  to  the  foreclosure  of  mortgages  and  sale  of  mortgaged  premises. 

^  Section  8. 

I.  Members  of  the  legislature  shall,  before  they  enter  on  the  duties 
of  their  respective  offices,  take  and  subscribe  the  following  oath  or 
affirmation  : 

"  I  do  solemnly  swear,  (or  affirm,  as  the  case  may  be,)  that  I  will 
support  the  constitution  of  the  United  States  and  the  constitution  of  the 
state  of  New  Jersey,  and  that  I  will  faithfully  discharge  the  duties  of 
senator  (or  member  of  the  general  assembly,  as  the  case  may  be) 
according  to  thebest  of  my  ability." 


I 


NEW  JERSEY.  [131] 

And  members  elect  of  the  Senate  or  General  Assembly  are  hereby 
empowered  to  administer  to  each  other  the  said  oath  or  affirmation. 

ARTICLE  V. 

EXECUTIVE. 

1.  The  Executive  power  shall  be  vested  in  a  Governor. 

2.  The  governor  shall  be  elected  by  the  legal  voters  of  this  state. 
The  person  having  the  highest  number  of  votes  shall  be  the  Governor; 
but  if  two  or  more  shall  be  equal  and  highest  in  votes,  one  of  them  shall 
be  chosen  Governor  by  the  vote  of  a  majority  of  the  members  of  both 
houses  in  joint  meeting.  Contested  elections  for  the  office  of  Governor 
shall  be  determined  in  such  manner  as  the  legislature  shall  direct  by  law. 
"When  a  Governor  is  to  be  elected  by  the  people,  such  election  shall  be 
held  at  the  time  when  and  at  the  places  where  the  people  shall  respec- 
tively vote  for  members  of  the  legislature. 

3.  The  Governor  shall  hold  his  office  for  three  years,  to  commence  on 
the  third  Tuesday  of  January  next  ensuing  the  election  for  Governor  by 
the  people,  and  to  end  on  the  Monday  preceding  the  third  Tuesday  of 
January,  three  years  thereafter ;  and  he  shall  be  incapable  of  holding 
that  office  for  three  years  next  after  his  term  of  service  shall  have  expired, 
and  no  appointment  or  nomination  to  office  shall  be  made  by  the 
Governor  during  the  last  week  of  his  said  term. 

4.  The  Governor  shall  be  not  less  than  thirty  years  of  age,  and  shall 
have  been  for  twenty  years,  at  least,  a  citizen  of  the  United  States,  and 
a  resident  of  this  slate  seven  years  next  before  his  election,  unless  he 
shall  have  been  absent  during  that  time  on  the  public  business  of  the 
United  States  or  of  this  state. 

5.  The  Governor  shall,  at  stated  times,  receive  for  his  services  a  com- 
pensation which  shall  be  neither  increased  nor  diminished  during  the 
period  for  which  he  shall  have  been  elected. 

6.  He  shall  be  the  commander-in-chief  of  all  the  military  and  naval 
forces  of  the  state  ;  he  shall  have  power  to  convene  the  legislature  when- 
ever in  his  opinion  public  necessity  requires  it ;  he  shall  communicate 
by  message  to  the  legislature  at  the  opening  of  each  session,  and  at  such 
other  times  as  he  may  deem  necessary,  the  condition  of  the  state,  and 
recommend  such  measures  as  he  may  deem  expedient ;  he  shall  take 
care  that  the  laws  be  faithfully  executed,  and  grant,  under  the  great  seal 
of  the  state,  commissions  to  all  such  officers  as  shall  be  required  to  be 

HTcommissioned. 

7.  Every  bill  which  shall  have  passed  both  houses  shall  be  presented 
to  the  Governor  :  if  he  approve,  he  shall  sign  it,  but  if  not,  he  shall 
return  it,  with  his  objections,  to  the  house  in  which  it  shall  have  origi- 
nated, who  shall  enter  the  objections  at  large  on  their  journal,  and  pro- 
ceed to  reconsider  it;  if,  after  such  reconsideration,  a  majority  of  the 


[132]  CONSTITUTION  OF 

whole  number  of  that  house  shall  agree  to  pass  the  bill,  it  shall  be  sent, 
together  with  the  objections,  to  the  other  house,  by  which  it  shall  like- 
wise be  reconsidereJ,  and  if  approved  of  by  a  majority  of  the  whole 
number  of  that  house,  it  shall  become  a  law  ;  but,  in  neither  house  shall 
the  vote  be  taken  on  the  same  day  on  which  the  bill  shall  be  returned 
to  it :  and  in  all  such  cases,  the  votes  of  both  houses  shall  be  determined 
by  yeas  and  nays,  and  the  names  of  the  persons  voting  for  and  against 
the  bill  shall  be  entered  on  the  journal  of  each  house  respectively.  If 
any  bill  shall  not  be  returned  by  the  Governor,  within  five  days  (Sun- 
days excepted)  after  it  shall  have  been  presented  to  him,  the  same  shall 
be  a  law  in  like  manner  as  if  he  had  signed  it,  unless  the  legislature,  by 
their  adjournment,  prevent  its  return,  in  which  case  it  shall  not  be  a  law. 

8.  No  member  of  Congress,  or  person  holding  an  office  under  the 
United  States,  or  this  state,  shall  exercise  the  office  of  Governor ;  and 
in  case  the  Governor,  or  person  administering  the  government,  shall 
accept  any  office  under  the  United  States  or  this  state,  his  office  of 
Governor  shall  thereupon  be  vacant. 

9.  The  Governor,  or  person  administering  the  government,  shall  have 
power  to  suspend  the  collection  of  fines  and  forfeitures,  and  to  grant 
reprieves  to  extend  until  the  expiration  of  a  time  not  exceeding  ninety 
days  after  conviction  ;  but  this  power  shall  not  extend  to  cases  of 
impeachment. 

10.  The  Governor,  or  person  administering  the  government,  the 
Chancellor,  and  the  six  Judges  of  the  court  of  errors  and  appeals,  or  a 
major  part  of  them,  of  whom  the  Governor,  or  person  administering  the 
government,  shall  be  one,  may  remit  fines  and  forfeitures  and  grant 
pardons,  after  conviction,  in  all  cases  except  impeachment. 

11.  The  Governor  and  all  other  civil  officers  under  this  state  shall  be 
liable  to  impeachment  for  misdemeanor  in  office,  during  their  contin- 
uance in  office,  and  for  two  years  thereafter. 

12.  In  case  of  the  death,  resignation,  or  removal  from  office  of  the 
Governor,  the  powers,  duties  and  emoluments  of  the  office  shall  devolve 
upon  the  president  of  the  Senate,  and  in  case  of  his  death,  resignation, 
or  removal,  then  upon  the  speaker  of  the  house  of  Assembly,  for  the 
time  being,  until  another  Governor  shall  be  elected  and  qualified ;  but 
in  such  case  another  Governor  shall  be  chosen  at  the  next  election  for 
members  of  the  state  legislature,  unless  such  death,  resignation,  or 
removal  shall  occur  within  thirty  days  immediately  preceding  such  next 
election,  in  which  case  a  Governor  shall  be  chosen  at  the  second  suc- 
ceeding election  for  members  of  the  legislature.  When  a  vacancy  hap- 
pens during  the  recess  of  the  legislature,  in  any  office  which  is  to  be 
filled  by  the  Governor  and  Senate,  or  by  the  legislature  in  joint  meet- 
ing, the  Governor  shall  fill  such  vacancy,  and  the  commission  shall 
expire  at  the  end  of  the  next  session  of  the  legislature,  unless  a  successor 
shall  be  sooner  appointed  :  when  a  vacancy  happens  in  the  office  of 
clerk  or  surrogate  of  any  county,  the  Governor  shall  fill  such  vacancy, 


NEW  JERSEY.  [133] 

and   the   commission    shall  expire  when    a   successor  is  elected  and 
qualified. 

13.  In  case  of  the  impeachment  of  the  Governor,  his  absence  from 
the  state,  or  inability  to  discharge  the  duties  of  his  office,  the  powers, 
duties,  and  emoluments  of  the  office  shall  devolve  upon  the  president 
of  the  Senate;  and  in  case  of  his  death,  resignation  or  removal,  then 
upon  the  speaker  of  the  House  of  Assembly,  for  the  time  being,  until 
the  Governor  absent  or  impeached  shall  return  or  be  acquitted,  or  until 
the  disqualification  or  inability  shall  cease,  or  until  a  new  Governor  be 
elected  and  qualified. 

14.  In  case  of  a  vacancy  in  the  office  of  Governor,  from  any  other 
cause  than  those  herein  enumerated,  or  in  case  of  the  death  of  the 
Governor  elect,  before  he  js  qualified  into  office,  the  powers,  duties,  and 
emoluments  of  the  office  shall  devolve  upon  the  president  of  the  Senate 
or  speaker  of  the  House  of  Assembly,  as  above  provided  for ;  until  a  ndw 
Governor  be  elected  and  qualified. 

ARTICLE  VI, 

JUDICIARY. 

Section  1. 

1.  The  judicial  power  shall  be  vested  in  a  court  of  errors  and  appeals 
in  the  last  resort  in  all  causes,  as  heretofore ;  a  court  for  the  trial  of 
impeachments  5  a  court  of  chancery  ;  a  prerogative  court ;  a  supreme 
court ;  circuit  courts,  and  such  inferior  courts  as  now  exist,  and  as  may 
be  hereafter  ordained  and  established  by  law  ;  which  inferior  courts  the 
legislature  may  alter  or  abolish,  as  the  public  good  shall  require. 

Section  2. 

1.  The  court  of  errors  and  appeals  shall  consist  of  the  chancellor,  the 
justices  of  the  supreme  court,  and  six  judges,  or  a  major  part  of  them; 
which  judges  are  to  be  appointed  for  six  years. 

2.  Immediately  after  the  court  shall  first  assemble,  the  six  judges  shall 
arrange  themselves  in  such  manner  that  the  seat  of  one  of  them  shall  be 
vacated  every  year,  in  order  that  thereafter  one  judge  may  be  annually 
appointed. 

3.  Such  of  the  six  judges  as  shall  attend  the  court  shall  receive, 
respectively,  a  per  diem  compensation,  to  be  provided  by  law. 

4.  The  secretary  of  state  shall  be  the  clerk  of  this  court. 

5.  When  an  appeal  from  an  order  or  decree  shall  be  heard,  the  chan- 
cellor shall  inform  the  court,  in  writing,  of  the  reasons  for  his  order  or 
decree ;  but  he  shall  not  sit  as  a  member,  or  have  a  voice  in  the  hearing 
or  final  sentence. 

6.  When  a  writ  of  error  shall  be  brought,  no  justice  who  has  given 

[M] 


tl34]  CONSTITUTION  OF 

a  judicial  opinion  in  the  cause,  in  favour  of  or  against  any  error  com- 
plained of,  shall  sit  as  a  member,  or  have  a  voice  on  the  hearing,  or  for 
its  affirmance  or  reversal ;  but  the  reasons  for  such  opinion  shall  be 
assigned  to  the  court  in  writing. 

Section  3. 

1.  The  House  of  Assembly  shall  have  the  sole  power  of  impeaching, 
by  a  vote  of  a  majority  of  all  the  members  ;  and  all  impeachments  shall 
be  tried  by  the  Senate  :  the  members,  when  sitting  for  that  purpose,  to 
be  on  oath  or  affirmation  "  truly  and  impartially  to  try  and  determine 
the  charge  in  question  according  to  evidence  ;"  and  no  person  shall  be 
convicted  without  the  concurrence  of  two-thirds  of  all  the  members  of 
the  Senate. 

2.  Any  judicial  officer  impeached  shall  be  suspended  from  exercising 
his  office  until  his  acquittal. 

3.  Judgment,  in  cases  of  impeachment,  shall  not  extend  farther  than 
to  removal  from  office  and  to  disqualification  to  hold  and  enjoy  any 
office  of  honour,  profit,  or  trust  under  this  state  5  but  the  party  convicted 
shall  nevertheless  be  liable  to  indictment,  trial  and  punishment,  accord- 
ing to  law. 

4.  The  secretary  of  state  shall  be  the  clerk  of  this  court. 

Section  4. 

1.  The  court  of  chancery  shall  consist  of  a  chancellor. 

2.  The  chancellor  shall  be  the  ordinary,  or  surrogate  general,  and 
judge  of  the  prerogative  court. 

3.  All  persons  aggrieved  by  any  order,  sentence,  or  decree  of  the 
orphans'  court,  may  appeal  from  the  same,  or  from  any  part  thereof,  to 
the  prerogative  court ;  but  such  order,  sentence,  or  decree  shall  not  be 
removed  into  the  supreme  court,  or  circuit  court,  if  the  subject  matter 
thereof  be  within  the  jurisdiction  of  the  orphans'  court. 

4.  The  secretary  of  state  shall  be  the  register  of  the  prerogative  court, 
and  shall  perform  the  duties  required  of  him  by  law  in  that  respect. 

Section  5. 

1.  The  supreme  court  shall  consist  of  a  chief  justice  and  four  asso- 
ciate justices.  The  number  of  associate  justices  may  be  increased  or 
decreased  by  law,  but  shall  never  be  less  than  two. 

2.  The  circuit  courts  shall  be  held  in  every  county  of  this  state,  by 
one  or  more  of  the  justices  of  the  supreme  court,  or  a  judge  appointed 
for  that  purpose ;  and  shall,  in  all  cases  within  the  county,  except  in 
those  of  a  criminal  nature,  have  common  law  jurisdiction  concurrent 
with  the  supreme  court;  and  any  final  judgment  of  a  circuit  court  may 


NEW   JERSEY.  1135] 

be  docketed  in  the  supreme  court,  and  shall  operate  as    a  judgment 
obtained  in  the  supreme  court  from  the  time  of  such  docketing. 

3.  Final  judgments  in  any  circuit  court  may  be  brought  by  writ  of 
error  into  the  supreme  court,  or  directly  into  the  court  of  errors  and 
appeals. 

Section  6. 

1.  There  shall  be  no  more  than  five  judges  of  the  inferior  court  of 
common  pleas  in  each  of  the  counties  in  this  state  after  the  terms  of  the 
judges  of  said  court  now  in  office  shall  terminate.  One  judge  for  each 
county  shall  be  appointed  every  year,  and  no  more,  except  to  fdl  vacan- 
cies, which  shall  be  for  the  unexpired  term  only. 

2.  The  commissions  for  the  first  appointments  of  judges  of  said  court 
shall  bear  date  and  take  effect  on  the  first  day  of  April  next ;  and  all 
subsequent  commissions  for  judges  of  said  court,  shall  bear  date  and  take 
efl'ect  on  the  first  day  of  April  in  every  successive  year,  except  commis- 
sions to  fill  vacancies,  which  shall  bear  date  and  take  efl'ect  when  issued. 

Section  7. 

1.  There  may  be  elected  under  this  constitution  two,  and  not  more 
than  five,  justices  of  the  peace  m  each  of  the  townships  of  the  several 
counties  of  this  state,  and  in  each  of  the  wards,  in  cities  that  may  vote 
in  wards.  When  a  township  or  ward  contains  two  thousand  inhabit- 
ants or  less,  it  may  have  two  justices  :  when  it  contains  more  than  two 
thousand  inhabitants,  and  not  more  than  four  thousand,  it  may  have 
four  justices;  and  when  it  contains  more  than  four  thousand  inhabitants, 
it  may  have  five  justices;  provided,  that  whenever  any  township  not 
voting  in  wards,  contains  more  than  seven  thousand  inhabitants,  such 
township  may  have  an  additional  justice  for  each  additional  three 
thousand  inhabitants  above  four  thousand. 

2.  The  population  of  the  townships  rn  the  several  counties  of  the 
state  and  of  the  several  wards,  shall  be  ascertained  by  the  last  preceding 
census  of  the  United  States,  until  the  legislature  shall  provide,  by  law, 
some  other  mode  of  ascertaining  it. 


ARTICLE  VII. 

APPOINTING    POWER    AND   TENURE   OF   OFFICE. 

Section  1. 
■r  MILITIA  OFFICERS. 

1.  The  legislature  shall  provide  by  law  for  enrolling,  organizing,  and 
arming  the  militia. 

2.  Captains,  subalterns,  and  non-commissioned  officers  shall  be  elected 
by  the  members  of  their  respective  companies. 


[136]  CONSTITUTION   OF 

3.  Field  officers  of  regiments,  independent  battalions,  and  squad- 
rons, shall  be  elected  by  the  commissioned  officers  of  their  respective 
regiments,  battalions  or  squadrons. 

4.  Brigadier  generals  shall  be  elected  by  the  field  officers  of  their 
respective  brigades. 

5.  Major  generals  shall  be  nominated  by  the  Governor,  and  appointed 
by  him,  with  the  advice  and  consent  of  the  Senate. 

6.  The  legislature  shall  provide,  by  law,  the  time  and  manner  of 
electing  militia  officers,  and  of  certifying  their  elections  to  the  Governor, 
who  shall  grant  their  commissions  and  determine  their  rank,  when  not 
determined  by  law  ; — and  no  commissioned  officer  shall  be  removed 
from  office  but  by  the  sentence  of  a  court  martial,  pursuant  to  law. 

7.  In  case  the  electors  of  subalterns,  captains,  or  field-officers,  shall 
refuse  or  neglect  to  make  such  elections,  the  Governor  shall  have  power 
to  appoint  such  officers,  and  to  fill  all  vacancies  caused  by  such  refusal 
or  neglect. 

8.  Brigade  inspectors  shall  be  chosen  by  the  field-officers  of  their 
respective  brigades. 

9.  The  Governor  shall  appoint  the  adjutant-general,  quarter-master 
general,  and  all  other  militia  officers  whose  appointment  is  not  other- 
wise provided  for  in  this  constitution. 

ip.  Major-generals,  brigadier-generals,  and  commanding  officers  of 
regiments,  independent  battalions,  and  squadrons  shall  appoint  the 
staiT  officers  of  their  divisions,  brigades,  regiments,  independent  battal- 
ions and  squadrons,  respectively. 

Section  2. 
CIVIL  OFFICERS. 

1.  Justices  of  the  supreme  court,  chancellor,  and  judges  of  the  court 
of  errors  and  appeals,  shall  be  nominated  by  the  governor,  and  appointed 
by  him,  with  the  advice  and  consent  of  the  Senate. 

The  justices  of  the  supreme  court  and  chancellor  shall  hold  their 
offices  for  the  term  of  seven  years ;  shall,  at  stated  times,  receive  for 
their  services,  a  compensation  which  shall  not  be  diminished  during  the 
term  of  their  appointments  :  and  they  shall  hold  no  other  office  under 
the  government  of  this  state  or  of  the  United  States. 

2.  Judges  of  the  courts  of  common  pleas  shall  be  appointed  by  the 
Senate  and  General  Assembly,  in  joint-meeting. 

They  shall  hold  their  offices  for  five  years  ;  but  when  appointed  to 
fill  vacancies,  they  shall  hold  for  the  unexpired  term  only. 

3.  The  state  treasurer  and  the  keeper  and  inspectors  of  the  state 
prison  shall  be  appointed  by  the  Senate  and  General  Assembly,  in  joiat- 
meeting. 


NEW  JERSEY.  [137] 

They  shall  hohl  their  offices  for  one  year,  and  until  their  successors 
shall  be  qualified  into  office. 

4.  The  attorney-general,  prosecutors  of  the  pleas,  clerk  of  the  supreme 
court,  clerk  of  the  court  of  chancery,  and  secretary  of  state,  shall  be 
nominated  by  the  Governor,  and  appointed  by  him,  with  the  advice  and 
consent  of  the  Senate. 

They  shall  hold  their  offices  for  five  years. 

5.  The  law  reporter  shall  be  appointed  by  the  justices  of  the  supreme 
court,  or  a  majority  of  them ;  and  the  chancery  reporter  shall  be 
appointed  by  the  chancellor. 

They  shall  hold  their  offices  for  five  years. 

6.  Clerks  and  surrogates  of  counties  shall  be  elected  by  the  people 
of  their  respective  counties,  at  the  annual  elections  for  members  of  the 
General  Assembly. 

They  shall  hold  their  offices  for  five  years. 

7.  Sheriffs  and  coroners  shall  be  elected  annually,  by  the  people  of 
their  respective  counties,  at  the  annual  elections  for  members  of  the 
General  Assembly. 

They  may  be  re-elected  until  they  shall  have  served  three  years,  but 
no  longer;  after  which,  three  years  must  elapse  before  they  can  be  again 
capable  of  serving. 

8.  Justices  of  the  peace  shall  be  elected  by  ballot,  at  the  annual  meet- 
ings of  the  townships  in  the  several  counties  of  the  state,  and  of  the 
wards  in  cities  that  may  vote  in  wards,  in  such  manner,  and  under  such 
regulations,  as  may  be  hereafter  provided  by  law. 

They  shall  be  commissioned  for  the  county,  and  their  commissions 
shall  bear  date  and  take  effect  on  the  first  day  of  May  nex  after  their 
election. 

They  shall  hold  their  offices  for  five  years ;  but  when  elected  to  fill 
vacancies,  they  shall  hold  for  the  unexpired  term  only  ;  provided,  that 
the  commission  of  any  justice  of  the  peace  shall  become  vacant  upon  his 
ceasing  to  reside  in  the  township  in  which  he  was  elected. 

The  first  election  for  justices  of  the  peace  shall  take  place  at  the  next 
annual  town  meetings  of  the  townships  in  the  several  counties  of  the 
state,  and  of  the  wards  in  cities  that  may  vote  in  wards. 

9.  All  other  officers,  whose  appointments  are  not  otherwise  provided 
for  by  law,  shall  be  nominated  by  the  Governor,  and  appointed  by  him, 
with  the  advice  and  consent  of  the  Senate  5  and  shall  hold  iheir  offices 
for  the  time  prescribed  by  law. 

10.  All  civil  officers  elected  or  appointed  pursuant  to  the  provisions 
of  this  Constitution,  shall  be  commissioned  by  the  Governor. 

11.  The  term  of  office  of  all  officers  elected  or  appointed  pursuant  to 
the  provisions  of  this  constitution,  except  when  herein  otherwise  directed, 

[m2] 


[138]  CONSTITUTION  OF 

shall  commence  on  the  day  of  the  date  of  their  respective  commissions; 
but  no  commission  for  any  office  shall  bear  date  prior  to  the  expiration 
of  the  term  of  the  incumbent  of  said  office. 

ARTICLE  VIII. 

GENERAL   PROVISIONS. 

1.  The  secretary  of  state  shall  be  ex-officio  an  auditor  of  the  accounts 
of  the  treasurer,  and,  as  such,  it  shall  be  his  duty  to  assist  the  legisla- 
ture in  the  annual  examination  and  settlement  of  said  accounts,  until 
otherwise  provided  by  law. 

2.  The  seal  of  the  state  shall  be  kept  by  the  Governor  or  person 
administering  the  government,  and  used  by  him  officially,  and  shall  be 
called  the  great  seal  of  the  state  of  New  Jersey. 

3.  All  grants  and  commissions  shall  be  in  the  name  and  by  the 
authority  of  the  state  of  New  Jersey,  sealed  with  the  great  seal,  signed 
by  the  Governor  or  person  administering  the  government,  and  counter- 
signed by  the  secretary  of  state,  and  shall  run  thus  :  "  The  state  of  New 

Jersey  to ,  greeting."     All  writs  shall  be  in  the  name  of  the 

state  ;  and  all  indictments  shall  conclude  in  the  following  manner,  viz  : 
"  against  the  peace  of  this  state,  the  government  and  dignity  of  the  same." 

4.  This  constitution  shall  take  effect  and  go  into  operation  on  the 
second  day  of  September,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  forty-four. 

ARTICLE  IX. 

AMENDMENTS. 

Any  specific  amendment  or  amendments  to  the  constitution,  may  be 
proposed  in  the  Senate  or  General  Assembly,  and  if  the  same  shall  be 
agreed  to  by  a  majority  of  the  members  elected  to  each  of  the  two 
houses,  such  proposed  amendment  or  amendments  shall  be  entered  on 
their  journals,  with  the  yeas  and  nays  taken  thereon,  and  referred  to  the 
legislature  then  next  to  be  chosen,  and  shall  be  published,  for  three 
months  previous  to  making  such  choice,  in  at  least  one  newspaper  of 
each  county,  if  any  be  published  therein ;  and  if  in  the  legislature  next 
chosen,  as  aforesaid,  such  proposed  amendment  or  amendments,  or  any 
of  them,  shall  be  agreed  to  by  a  majority  of  all  the  members  elected  to 
each  house,  then  it  shall  be  the  duty  of  the  legislature  to  submit  such 
proposed  amendment  or  amendments,  or  such  of  them  as  may  have  been 
agreed  to  as  aforesaid  by  the  two  legislatures,  to  the  people,  in  such 
manner  and  at  such  time,  at  least  four  months  after  the  adjournment  of 
the  legislature,  as  the  legislature  shall  prescribe ;  and  if  the  people,  at  a 
special  election  to  be  held  for  that  purpose  only,  shall  approve  and  ratify 
such  amendment  or  amendments,  or  any  of  them,  by  a  majority  of  the 
electors  qualified  to  vote  for  members  of  the  legislature  voting  thereon, 
such  amendment  or  amendments,  so  approved  and  ratified,  shall  become 
part  of  the  constitution  ;  provided,  that  if  more  than  one  atnendment  be 


NEW  JERSEY.  [139] 

submitted,  they  shall  be  submitted  in  such  manner  and  form  that  the 
people  may  vote  for  or  against  each  amendment  separately  and  distinctly? 
but  no  amendment  ox  amendments  shall  be  submitted  to  the  people  by 
the  legislature  oftener  than  once  in  five  years. 

ARTICLE  X. 

SCHEDULE. 

That  no  inconvenience  may  arise  from  the  change  in  the  constitution 
of  this  state,  and  in  order  to  carry  the  same  into  complete  operation,  it 
is  hereby  declared  and  ordained,  that 

1.  The  common  law  and  statute  laws  now  in  force  not  repugnant  to 
this  constitution,  shall  remain  in  force  until  they  expire  by  their  own 
limitation,  or  be  altered  or  repealed  by  the  legislature;  and  all  writs, 
actions,  causes  of  action,  prosecution,  contracts,  claims,  and  rights  of 
individuals  and  of  bodies  corporate,  and  of  the  state,  and  all  charters 
of  incorporation,  shall  continue,  and  all  indictments  which  shall  have 
been  found,  or  which  may  hereafter  be  found,  for  any  crime  or  offence 
committed  before  the  adoption  of  this  constitution,  may  be  proceeded 
upon  as  if  no  change  had  taken  place.  The  several  courts  of  law  and 
equity,  except  as  herein  otherwise  provided,  shall  continue  with  the  like 
powers  and  jurisdiction  as  if  this  constitution  had  not  been  adopted. 

2.  All  officers  now  filling  any  office  or  appointment,  shall  continue 
in  the  exercise  of  the  duties  thereof,  according  to  their  respective  commis- 
sions or  appointments,  unless,  by  this  constitution,  it  is  otherwise  directed. 

3.  The  present  Governor,  chancellor  and  ordinary  or  surrogate 
general,  and  treasurer,  shall  continue  in  office  until  successors  elected 
or  appointed  under  this  constitution  shall  be  sworn  or  affirmed  into  office. 

4.  In  case  of  the  death,  resignation,  or  disability  of  the  present 
Governor,  the  person  who  may  be  vice  president  of  Council  at  the  time 
of  the  adoption  of  this  constitution  shall  continue  in  office,  and  administer 
the  government  until  a  Governor  shall  have  been  elected  and  sworn  or 
affirmed  into  office  under  this  constitution. 

5.  The  present  Governor,  or  in  case  of  his  death  or  inability  to  act, 
the  Vice  President  of  Council,  together  with  the  present  members  of 
the  Legislative  Coilncil  and  Secretary  of  State,  shall  constitute  a  board 
of  state  canvassers,  in  the  manner  now  provided  by  law,  for  the  purpose 
of  ascertaining  and  declaring  the  result  of  the  next  ensuing  election 
for  Governor,  members  of  the  House  of  Representatives,  and  electors 
of  President  and  Vice  President. 

6.  The  returns  of  the  votes  for  governor,  at  the  said  next  ensuing  elec- 
tion, shall  be  transmitted  to  the  secretary  of  state,  the  votes  counted, 
and  the  election  declared,  in  the  manner  now  provided  by  law  in  the 
case  of  the  election  of  Electors  of  President  and  Vice  President. 

7.  The  election  of  clerks  and  surrogates,  in  those  counties  where  the 
term  of  office  of  the  present  incumbent  shall  expire  previous  to  the 
general  election  of  eighteen  hundred  and  forty-five,  shall  be  held  at  the 


[140]  CONSTITUTION  OF 

general  election  next  ensuing  the  adoption  of  this  constitution  ;  the 
result  of  which  election  shall  be  ascertained  in  the  manner  now  provided 
by  law  for  the  election  of  sheriffs. 

8.  The  elections  for  the  year  eighteen  hundred  and  forty-four  shall 
take  place  as  now  provided  by  law. 

9.  It  shall  be  the  duty  of  the  Governor  to  fill  all  vacancies  in  office 
happening  between  the  adoption  of  this  constitution  and  the  first  session 
of  the  Senate,  and  not  otherwise  provided  for;  and  the  commissions 
shall  expire  at  the  end  of  the  first  session  of  the  Senate,  or  when  suc- 
cessors shall  be  elected  or  appointed  and  qualified. 

10.  The  restriction  of  the  pay  of  members  of  the  legislature,  after 
forty  days  from  the  commencement  of  the  session,  shall  not  be  applied 
to  the  first  legislature  convened  under  this  constitution. 

11.  Clerks  of  counties  shall  be  clerks  of  the  inferior  courts  of  com- 
mon pleas  and  quarter  sessions  of  the  several  counties,  and  perform  the 
duties,  and  be  subject  to  the  regulations  now  required  of  them  by  law, 
until  otherwise  ordained  by  the  legislature. 

12.  The  legislature  shall  pass  all  laws  necessary  to  carry  into  effect 
the  provisions  of  this  constitution. 

Done  in  convention,  at  the  state-house  in  Trenton,  on  the  twenty-ninth 
day  of  June,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  forty-four,  and  of  the  Independence  of  the  United  States  of 
America  the  Sixty-Eighth. 

ALEXANDER  WURTS, 
President  of  the  Convention. 
William  Pateusojt,  Secretary. 
Ta.  J.  Sauxders,  Assistant  Secretary. 


CONSTITUTION  OF  PENNSYLVANIA, 

AS    AMENDED    IN    CONVENTION   THE    SECOND    TUESDAY    OF    OCTOBER,    1838, 


We,  the  people  of  the  commonwealth  of  Pennsylvania,  ordain  and 
establish  this  constitution  for  its  government. 

ARTICLE   1. 

§  1.  The  legislative  power  of  this  commonwealth  shall  be  vested  in  a 
general  assembly,  which  shall  consist  of  a  senate  and  house  of  repre- 
sentatives. 

2.  The  representatives  shall  be  chosen  annually,  by  the  citizens  of 
the  city  of  Philadelphia,  and  of  each  county  respectively,  on  the  second 
Tuesday  of  October. 

3.  No  person  shall  be  a  representative  who  shall  not  have  attained 
the  age  of  twenty-one  years,  and  have  been  a  citizen  and  inhabitant  of 


PENNSYLVANIA.  129 

the  state  three  years  next  preceding  his  election,  and  the  lust  year 
thereof  an  inhabitant  of  the  district  in  and  for  which  he  shall  be  chosen 
a  representative,  unless  he  shall  have  been  absent  on  the  public  business 
of  the  United  States  or  of  this  state. 

4.  Within  three  years  after  the  first  meeting  of  the  general  assembl}', 
and  witliin  every  subsequent  term  of  seven  years,  an  enumeration  of  the 
taxable  inhabitants  shall  be  made  in  such  manner  as  shall  bo  directed 
by  law.  The  number  of  representatives  shall  at  the  several  periods  of 
making  such  enumeration,  be  fixed  by  the  legislature,  and  apportioned 
among  the  city  of  Philadelphia  and  the  several  counties,  according  to 
the  number  of  taxable  inhabitants  in  each  :  and  bhall  never  be  less  than 
sixty  nor  greater  than  one  hundred.  Eacl)  county  shall  have  at  least  one 
representative,  but  no  county  hereafter  erected  shall  be  entitled  to  a  sepa- 
rate representation  until  a  sufficient  number  of  taxable  inhabitants  shall 
be  contained  within  it,  to  entitle  them  to  one  representative,  agreeably 
to  the  ratio  which  shall  then  be  established. 

5.  The  senators  shall  be  chosen  for  three  years  by  the  citizens  of 
Philadelphia  and  of  the  several  counties,  at  the  same  time,  in  the  same 
manner,  and  at  the  same  places  where  they  shall  vote  for  representatives. 

6.  The  number  of  senators  shall,  at  the  several  periods  of  making  the 
enumeration  before  mentioned,  be  fixed  by  the  legislature,  and  appor- 
tioned among  the  districts  formed  as  hereinafter  directed,  according  to 
the  number  of  taxable  inhabitants  in  each ;  and  shall  never  be  less  than 
one-fourth,  nor  greater  than  one-third,  of  the  number  of  representatives. 

7.  The  senators  shall  be  chosen  in  districts,  to  be  formed  by  the  legis- 
lature;  but  no  district  shall  be  so  formed  as  to  entitle  it  to  elect  more 
than  two  senators,  unless  the  number  of  taxable  inhabitants  in  any  city 
or  county  shall,  at  any  time,  be  such  as  to  entitle  it  to  elect  more  than 
two,  but  no  city  or  county  shall  be  entitled  to  elect  more  than  four  sena- 
tors ;  when  a  district  shall  be  composed  of  two  or  more  counties,  they 
shall  be  adjoining;  neither  the  city  of  Philadelphia  nor  any  county  shall 
be  divided  in  forming  a  district. 

8.  No  person  shall  be  a  senator  who  shall  not  have  attained  the  age 
of  twenty-five  years,  and  have  been  a  citizen  and  inhabitant  of  the  state 
four  years  next  before  his  election,  and  the  last  year  thereof  an  inhabi- 
tant of  the  district  for  which  he  shall  be  chosen,  unless  he  shall  have 
been  absent  on  the  public  business  of  the  United  States  or  of  this  state; 
and  no  person  elected  as  aforesaid  shall  hold  said  office  after  he  shall 
have  removed  from  such  district. 

9.  The  senators  who  may  be  elected  at  the  first  general  election  after 
the  adoption  of  the  amendments  to  the  constitution,  shall  be  divided  by 
lot  into  three  classes.  The  seats  of  the  senators  of  the  first  class  shall 
be  vacated  at  the  expiration  of  the  first  year ;  of  the  second  class  at  the 
expiration  of  the  second  year;  and  of  the  third  class  at  the  expiration  of 
the  third  year;  so  that  thereafter  one-third  of  the  whole  number  of  sena- 
tors may  be  chosen  every  year.  The  senators  elected  before  the  amend- 
ments to  the  constitution  shall  be  adopted  shall  hold  their  offices  during 
the  terms  for  which  they  shall  respectively  have  been  elected. 

10.  The  general  assembly  shall  meet  on  the  first  Tuesday  of  January, 
in  every  year,  unless  sooner  convened  by  the  governor. 

il.  Each  house  shall  choose  its  speaker  and  other  officers;  and  the 
senate  shall  also  choose  a  speaker  pro  tempore,  when  the  speaker  shall 
exercise  tlie  office  of  governor. 


130  CONSTITUTION   OF 

12.  Each  house  shall  judge  cif  the  quaUfications  of  its  members. 
Contested  elections  shall  be  determined  by  a  committee  to  be  selected, 
formed  and  regulated  in  such  manner  as  shall  be  -directed  by  law.  A 
majority  of  each  house  shall  constitute  a  quorum  to  do  business ;  but  a 
smaller  number  may  adjourn  from  day  to  day,  and  may  be  authorized 
by  law  to  compel  the  attendance  of  absent  members,  in  such  manner 
and  under  such  penalties  as  may  be  provided. 

13.  Each  house  may  determine  the  rules  of  its  proceedings,  punish  its 
members  for  disorderly  behaviour,  and  with  the  concurrence  of  two- 
tiiirds,  expel  a  member,  but  not  a  second  time  for  the  same  cause ;  and 
shall  have  all  other  powers  necessary  for  a  branch  of  the  legislature  of  a 
li:ee  state. 

14.  The  legislature  shall  not  have  power  to  enact  laws  annulling  the 
contract  of  marriage  in  any  case  where,  by  law,  the  courts  of  this  com- 
monwealth are,  or  hereafter  may  be,  empowered  to  decree  a  divorce. 

15.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  publish 
them  weekly,  except  such  parts  as  may  require  secrecy  :  and  the  yeas 
and  nays  of  the  members  on  any  question  shall,  at  the  desire  of  any  two 
of  them,  be  entered  on  the  journals. 

16.  The  doors  of  each  house  and  of  committees  of  the  whole  shall  be 
open,  unless  when  the  business  shall  be  such  as  ought  to  be  kept  secret. 

17.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn  for 
more  than  three  days,  nor  to  any  other  place  than  that  in  which  the  two 
houses  shall  be  sitting. 

18.  The  senators  and  representatives  shall  receive  a  compensation  for 
their  services  to  be  ascertained  by  law,  and  paid  out  of  the  treasury  of 
the  commonwealth.  They  shall  in  all  cases,  except  treason,  felony,  and 
breach  or  surety  of  tiie  peace,  be  privileged  from  arrest  during  their  at- 
tendance at  the  session  of  their  respective  houses,  and  in  going  to  and 
returning  from  the  same.  And  for  any  speech  or  debate  in  either  house, 
they  shall  not  be  questioned  in  any  other  place. 

19.  No  senator  or  representative  shall,  during  the  time  for  which  he 
shall  have  been  elected,  be  appointed  to  any  civil  office  under  this  com- 
monwealth which  shall  have  been  created,  or  the  emoluments  of  which 
shall  have  been  increased  during  such  time  ;  and  no  member  of  congress 
or  other  person  holding  any  office,  (except  of  attorney  at  law  and  in  the 
militia)  under  the  United  States  or  this  commonwealth,  shall  be  a  mem- 
ber  of  either  house  during  his  continuance  in  congress  or  in  office. 

20.  When  vacancies  happen  in  either  house,  the  speaker  shall  issue 
writs  of  election  to  fill  such  vacancies. 

21.  All  bills  for  raising  revenue  shall  originate  in  the  house  of  repre- 
sentatives, but  the  senate  may  propose  amendments  as  in  other  bills. 

22.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence 
of  appropriations  made  by  law. 

23.  Every  bill  which  shall  have  passed  both  houses  shall  be  presented 
to  the  governor.  If  he  approve,  he  shall  sign  it,  but  if  he  shall  not  ap- 
prove, he  shall  return  it  with  his  objections  to  the  house  in  which  it  shall 
have  originated,  who  shall  enter  the  objections  at  large  upon  their  jour- 
nals, and  proceed  to  reconsider  it.  If,  after  such  reconsideration,  two- 
thirds  of  that  house  shall  agree  to  pass  the  bill,  it  shall  be  sent  with  the 
objections  to  the  other  house,  by  which  likewise  it  shall  be  reconsidered, 
and  if  approved  by  two-thirds  of  that  house,  it  shall  be  a  law.  But  in 
such  cases  the  votes  of  both  houses  shall  be  determined  by  yeas  and  nays, 


PENNSYLVANIA.  131 

and  the  names  of  tlic  persons  voting-  for  or  against  the  bill  shall  be  entered 
on  the  journals  of  each  house  respectively.  If  any  bill  shall  not  be  re- 
turned by  the  governor  within  ten  days  (Sundays  excepted)  after  i1  shall 
have  been  presented  to  him,  it  shall  be  a  law  in  like  manner  as  if  he  had 
signed  it,  unless  the  general  assembly,  by  their  adjournment,  prevented 
its  return,  in  wliich  case  it  shall  be  a  law,  unless  sent  back  within  three 
days  after  their  next  meeting. 

24.  Every  order,  resolution  or  vote,  to  which  the  concurrence  of  both 
houses  may  be  necessary  (except  on  a  question  of  adjournment)  shall  be 
presented  to  the  governor,  and  before  it  shall  take  efil:ct,  be  approved  by 
him,  or  being  disapproved,  sliall  be  repassed  by  tv.o-thirds  of  both  houses 
according  to  the  rules  and  limitations  prescribed  in  case  of  a  bill. 

25.  No  corporate  body  shall  be  hereafler  created,  renewed  or  extended 
with  banking  or  discounting  privileges,  without  six  months'  previous 
public  notice  of  the  intended  application  for  the  same  in  such  manner  as 
Bliall  be  prescribed  by  law.  Nor  shall  any  charter  for  the  purposes  afore- 
said, be  granted  for  a  longer  period  than  twenty  years,  and  every  such 
charter  shall  contain  a  clause  reserving  to  the  legislature  the  power  to 
alter,  revoke  or  annul  the  same,  whenever  in  their  opinion  it  may  be 
injurious  to  the  citizens  of  the  commonwealth,  in  such  manner,  however, 
that  no  injustice  shall  be  done  to  the  corporators.  No  law  hereafler 
enacted,  shall  create,  renew,  or  extend  the  charter  of  more  than  one 
corporation. 

ARTICLE  2. 

§  1.  The  supreme  executive  power  of  this  commonwealth  shall  be 
vested  in  a  governor. 

2.  The  governor  shall  be  chosen  on  tlie  second  Tuesday  of  October, 
by  the  citizens  of  the  commonwealth,  at  the  places  where  they  shall 
respectively  vote  for  representatives.  The  returns  of  every  election  for 
governor  shall  be  sealed  up  and  transmitted  to  the  seat  of  government, 
directed  to  the  speaker  of  the  senate,  who  shall  open  and  publish  them 
in  the  presence  of  the  members  of  both  houses  of  the  legislature.  The 
person  having  the  highest  number  of  votes  shall  be  governor.  But  if 
two  or  more  shall  be  equal  and  highest  in  votes,  one  of  them  shall  be 
chosen  governor  by  the  joint  vote  of  the  members  of  both  houses.  Con- 
tested elections  shall  be  determined  by  a  committee  to  be  selected  from 
both  houses  of  the  legislature,  and  formed  and  regulated  in  such  manner 
as  shall  be  directed  by  law. 

3.  The  governor  shall  hold  his  office  during  three  years  from  the  third 
Tuesday  of  January  next  ensuing  his  election,  and  shall  not  be  capable 
of  holding  it  longer  than  six  in  any  term  of  nine  years. 

4.  He  shall  be  at  least  thirty  years  of  age,  and  have  been  a  citizen 
and  an  inhabitant  of  this  state  seven  years  next  before  his  election ; 
unless  he  shall  have  been  absent  on  the  public  business  of  the  United 
States,  or  of  this  state. 

5.  No  member  of  congress  or  person  holding  any  office  under  the 
United  States,  or  this  state,  shall  exercise  the  office  of  governor. 

6.  The  governor  shall  at  stated  times  receive  for  his  services  a  com- 
pensation, which  shall  be  neither  increased  nor  diminished  during  the 
period  for  which  he  shall  have  been  elected. 

7.  He  shall  be  commander-in-chief  of  the  army  and  navy  of  this  com- 
monwealth,  and  of  the  militia,  except  when  they  shall  be  called  into  the 
actual  service  of  the  United  States. 


132  CONSTITUTION   OF 

8.  He  shall  appoint  a  secretary  of  the  commonwealth  during  pleasure, 
and  he  shall  nominate,  and  by  and  with  the  advice  and  consent  of  the 
senate,  appoint  all  judicial  otiicers  of  courts  of  record,  unless  otherwise 
provided  for  in  this  constitution.  He  sliall  have  power  to  fill  all  vacan- 
cies that  may  happen  in  such  judicial  otRces  during  the  recess  of  the 
senate,  by  granting  commissions  which  shall  expire  at  tiie  end  of  their 
next  session :  Provided,  that  in  acting  on  executive  nominations  the 
senate  shall  sit  with  open  doors,  and  in  confirming  or  rejecting  the  nomi- 
nations of  tiic  governor,  the  vote  sliall  be  taken  by  yeas  and  nays. 

9.  He  shall  liave  power  to  remit  fines  and  forfeitures,  and  grant  re- 
prieves and  pardons,  except  in  cases  of  impeachment. 

10.  He  may  require  information  in  writing,  from  the  officers  in  the 
executive  department,  on  any  subject  relating  to  the  duties  of  their  re- 
spective offices. 

11.  He  shall,  from  time  to  time,  give  to  the  general  assembly  informa- 
tion of  the  state  of  the  commonwealth,  and  recommend  to  their  conside- 
ration such  measures  as  he  shall  judge  expedient. 

12.  He  may,  on  extraordinary  occasions,  convene  the  general  assem- 
bly ;  and  in  case  of  disagreement  between  the  two  houses,  with  respect 
to  the  time  of  adjournment,  adjourn  them  to  such  time  as  he  shall  think 
proper,  not  exceeding  four  months. 

13.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

14.  In  case  of  the  death  or  resignation  of  the  governor,  or  his  removal 
from  office,  the  speaker  of  the  senate  shall  exercise  the  office  of  governor, 
until  another  governor  shall  be  duly  qualified  ;  but  in  such  case  another 
governor  shall  be  chosen  at  the  next  annual  election  of  representatives, 
unless  such  death,  resignation,  or  removal,  shall  occur  within  three 
calendar  months  immediately  preceding  such  next  annual  election,  in 
which  case  a  governor  shall  be  chosen  at  the  second  succeeding  annual 
election  of  representatives.  And  if  the  trial  of  a  contested  election  shall 
continue  longer  than  until  the  third  Monday  of  January  next  ensuing 
the  election  of  governor,  the  governor  of  the  last  year,  or  the  speaker  of 
the  senate  who  may  be  in  the  exercise  of  the  executive  authority,  shall 
continue  therein  until  the  determination  of  such  contested  election,  and 
until  a  governor  shall  be  duly  qualified  as  aforesaid. 

15.  The  secretary  of  the  commonwealth  shall  keep  a  fair  register  of 
all  the  official  acts  and  proceedings  of  the  governor,  and  shall,  when  re- 
quired, lay  the  same  and  all  papers,  minutes  and  vouchers  relative  there- 
to, before  either  branch  of  the  legislature,  and  shall  perform  such  other 
duties  as  shall  be  enjoined  him  by  law. 

ARTICLE  3. 

§  1.  In  elections  by  the  citizens,  every  white  freeman  of  the  age  of 
twenty-one  years,  having  resided  in  this  state  one  year,  and  in  the  elec- 
tion district  where  he  offi3rs  to  vote,  ten  days  immediately  preceding 
such  election,  and  within  two  years  paid  a  state  or  county  tax,  which 
shall  have  been  assessed  at  least  ten  days  before  the  election,  shall  enjoy 
the  rights  of  an  elector.  But  a  citizen  of  the  United  States,  who  had 
previously  been  a  qualified  voter  of  this  state,  and  removed  therefrom 
and  returned,  and  who  shall  have  resided  in  the  election  district,  and 
paid  taxes  as  aforesaid,  shall  be  entitled  to  vote,  after  residing  in  the 
state  six  months :  Provided,  that  white  freemen,  citizens  of  the  United 
States,  between  the  ages  of  twenty-one  and  twenty-two  years,  and  having 


PENNSYLVANIA,  133 

resided  in  tlie  stale  one  year,  and  in  the  election  district  ten  days  as 
aforesaid,  shall  be  entitled  to  vote,  although  they  shall  not  have  paid 
taxes. 

2.  All  elections  shall  be  by  ballot,  except  those  by  persons  in  their 
representative  capacities,  who  shall  vote  viva  voce. 

3.  Electors  shall  in  all  cases,  except  treason,  felony,  and  breach  of 
surety  of  the  peace,  be  privileged  from  arrest  during  their  attendance  on 
elections,  and  in  going  to  and  returning  from  them, 

ARTICLE  4. 

§  1.  The  house  of  representatives  shall  have  the  sole  power  of  impeach- 
ing. 

2.  All  impeachments  shall  be  tried  by  the  senate :  when  sitting  for 
that  purpose,  the  senators  shall  be  upon  oath  or  affirmation.  No  person 
shall  be  convicted,  without  the  concurrence  of  two-thirds  of  the  members 
present, 

3.  The  governor,  and  all  other  civil  officers  under  this  commonwealth, 
shall  be  liable  to  impeachment  for  any  misdemeanor  in  office;  but  judg- 
ment, in  such  cases,  shall  not  extend  further  than  to  removal  from  office 
and  disqualification  to  liold  any  office  of  honour,  trust,  or  profit,  under 
this  commonwealth:  the  party,  whether  convicted  or  acquitted,  shall, 
nevertheless,  be  liable  to  indictment,  trial,  judgment  and  punisJiment 
according  to  law. 

ARTICLE   3, 

§  1.  The  judicial  power  of  this  commonwealth  shall  be  vested  in  a 
supreme  court,  in  courts  of  oyer  and  terminer  and  general  jail  delivery, 
in  a  court  of  common  pleas,  orphans'  court,  register's  court,  and  a  court 
of  quarter  sessions  of  the  peace,  for  each  county ;  in  justices  of  the  peace, 
and  in  such  other  courts  as  the  legislature  may,  from  time  to  time 
establish. 

2.  Tlie  judges  of  tlie  supreme  court,  of  the  several  courts  of  common 
pleas,  and  of  such  other  courts  of  record  as  are  or  shall  be  established 
by  law,  shall  be  nominated  by  the  governor,  and  by  and  with  the  con- 
sent of  the  senate  appointed  and  commissioned  by  him.  The  judges  of 
the  supreme  court  shall  hold  their  offices  for  the  term  of  fifteen  years, 
if  they  shall  so  long  behave  themselves  well.  The  president  judges  of 
the  several  courts  of  common  pleas,  and  of  such  other  courts  of  record 
as  are  or  shall  be  established  by  law,  and  all  other  judges  required  to  be 
learned  in  the  law,  shall  hold  their  offices  for  the  term  of  ten  years,  if 
they  shall  so  long  behave  themselves  well.  The  associate  judges  of  the 
courts  of  common  pleas  shall  hold  their  offices  for  the  term  of  five  years, 
if  they  shall  so  long  behave  themselves  well.  But  for  any  reasonable 
cause,  which  shall  not  be  sufficient  ground  of  impeachment,  the  governor 
may  remove  any  of  them  on  the  address  of  two-tiiirds  of  each  branch  of 
the  legislature.  Tlie  judges  of  the  supreme  court,  and  the  presidents  of 
the  several  courts  of  common  pleas,  shall  at  stated  times  receive  for  their 
services  an  adequate  compensation  to  be  fixed  by  law,  which  shall  not 
be  diminished  during  their  continuance  in  office ;  but  they  shall  receive 
no  fees  or  j^erquisites  of  office,  nor  hold  any  other  office  of  profit  under 
this  commonwealth. 

3.  Until  otherwise  directed  by  law,  the  courts  of  common  pleas  shall 


134  CONSTITUTION  OF 

continue  as  at  present  established.     Not  more  than  five  counties  shall  at 
any  time  be  included  in  one  judicial  district  organized  for  said  courts. 

4.  The  jurisdiction  of  the  supreme  court  shall  extend  over  the  state ; 
and  the  judges  thereof  shall,  by  virtue  of  their  offices,  be  justices  of  oye» 
and  terminer  and  general  jail  delivery,  in  the  several  counties. 

5.  The  judges  of  the  court  of  common  pleas,  in  each  county,  shall,  by 
virtue  of  their  offices,  be  justices  of  oyer  and  terminer  and  general  jail 
delivery,  for  the  trial  of  capital  and  other  offenders  therein ;  any  two  of 
said  judges,  the  president  being  one,  shall  be  a  quorum  ;  but  they  shall 
not  hold  a  court  of  oyer  and  terminer,  or  jail  delivery,  in  any  county, 
when  the  judges  of  the  supreme  court,  or  any  of  them  shall  be  sitting  in 
the  same  county.  The  party  accused,  as  well  as  the  commonwealth, 
may,  under  such  regulations  as  shall  be  prescribed  by  law,  remove  the 
indictment  and  [H-oceedings,  or  a  transcript  thereof,  into  the  supreme 
court. 

6.  The  supreme  court,  and  the  several  courts  of  common  pleas,  shall, 
beside  the  powers  heretofore  usually  exercised  by  them,  have  the  powers 
of  a  court  of  chancery,  so  far  as  relates  to  the  perpetuating  of  testimony, 
the  obtaining  of  evidence  from  places  not  within  the  state,  and  the  care 
of  the  persons  and  estates  of  those  who  are  non  compotes  mentis*  And 
the  legislature  shall  vest  in  the  said  courts  such  other  powers  to  grant 
relief  in  equity,  as  shall  be  found  necessary  ;  and  may,  from  time  to  time, 
enlarge  or  diminish  those  powers  or  vest  them  in  such  other  courts  as 
they  shall  judge  proper,  for  the  due  administration  of  justice. 

7.  The  judges  of  the  court  of  common  pleas  of  each  county,  any  two 
of  whom  shall  be  a  quorum,  shall  compose  the  court  of  quarter  sessions 
of  the  peace,  and  orphans'  court  thereof',  and  the  register  of  wills,  toge- 
ther with  tlie  said  judges,  or  any  two  of  them,  shall  compose  tlie  regis- 
ter's court  of  each  county. 

8.  The  judges  of  the  courts  of  common  pleas  shall,  within  their  re- 
spective counties,  have  like  powers  with  the  judges  of  the  supreme  court, 
to  issue  writs  of  certiorari  to  the  justices  of  the  peace,  and  to  cause  their 
proceedings  to  be  brought  before  them,  and  the  like  right  and  justice  to 
be  done. 

9.  The  president  of  the  court  in  each  circuit  within  such  circuit,  and 
the  judges  of  the  court  of  common  pleas  within  their  respective  counties, 
shall  be  justices  of  the  peace,  so  far  as  relates  to  criminal  matters. 

10.  A  register's  office,  for  the  probate  of  wills  and  granting  letters  of 
administration,  and  an  office  for  the  recording  of  deeds,  shall  be  kept  in 
each  county. 

11.  The  style  of  all  process  shall  be  "  The  Commonwealth  of  Penn- 
sylvania." All  prosecutions  shall  be  carried  on  in  the  name  and  by  the 
authority  of  the  commonwealth  of  Pennsylvania,  and  conclude,  "  against 
the  peace  and  dignity  of  the  same." 

ARTICLE   6. 

§  1.  Sheriffs  and  coroners  shall,  at  the  times  and  places  of  election  of 
representatives,  be  chosen  by  the  citizens  of  each  county.  One  person 
shall  be  chosen  for  each  office,  who  shall  be  commissioned  by  the  go- 
vernor. They  shall  hold  their  offices  for  three  years,  if  they  shall  so 
long  behave  themselves  well,  and  until  a  successor  be  duly  qualified  ;  but 
no  person  shall  be  twice  chosen  or  appointed  sheriff  in  any  term  of  six 
^ears.     Vacancies  in  either  of  the  said  offices  shall  be  filled  by  an  ap- 


PENNSYLVANIA.  135 

pomtment,  to  be  made  by  the  governor,  to  continue  until  the  next  gene- 
ral election,  and  until  a  successor  shall  be  chosen  and  qualified  as  afore- 
said. 

2.  The  freemen  of  this  commonwealth  shall  be  armed,  organized,  and 
disciplined  for  its  defence,  when  and  in  such  manner  as  may  be  directed 
by  law.  Those  who  conscientiously  scruple  to  bear  arms,  shall  not  be 
compelled  to  do  so,  but  shall  pay  an  equivalent  for  personal  service. 

3.  Prothonotaries  of  the  supreme  court  shall  be  appointed  by  the  said 
court  for  the  term  of  three  years,  if  they  so  long  behave  themselves  well. 
Prothonotaries  and  clerks  of  the  several  other  courts,  recorders  of  deeds, 
and  registers  of  wills,  shall  at  the  times  and  places  of  election  of  repre- 
sentatives,  be  elected  by  the  qualified  electors  of  each  county,  or  the  dis- 
tricts over  which  the  jurisdiction  of  said  courts  extends,  and  shall  be 
commissioned  by  the  governor.  They  shall  hold  their  offices  for  three 
years,  if  they  shall  so  long  behave  themselves  well,  and  until  their  sue- 
cessors  shall  be  duly  qualified.  The  legislature  shall  provide  by  law  the 
number  of  persons  in  each  county  who  shall  hold  said  offices,  and  how 
many,  and  which  of  said  offices  shall  be  held  by  one  person.  Vacancies 
in  any  of  the  said  offices  shall  be  filled  by  appointments  to  be  made  by 
the  governor,  to  continue  until  the  next  general  election,  and  until  suc- 
cessors shall  be  elected  and  qualified  as  aforesaid. 

4.  Prothonotaries,  clerks  of  the  peace  and  orphans'  courts,  recorders 
of  deeds,  registers  of  wills,  and  sheriffs,  shall  keep  their  offices  in  the 
county  town  of  the  county  in  which  they,  respectively,  shall  be  officers, 
unless  when  the  governor  shall,  for  special  reasons,  dispense  therewith, 
for  any  term  not  exceeding  five  years  afl,er  the  county  shall  have  been 
erected. 

5.  All  commissions  shall  be  in  the  name  and  by  the  authority  of  the 
Commonwealth  of  Pennsylvania,  and  be  sealed  with  the  state  seal,  and 
signed  by  the  governor. 

6.  A  state  treasurer  shall  be  elected  annually,  by  joint  vote  of  both 
branches  of  the  legislature. 

7.  Justices  of  the  peace  or  aldermen,  shall  be  elected  in  the  several 
wards,  boroughs,  and  townships,  at  the  time  of  the  election  of  constables 
by  tile  qualified  voters  thereof,  in  such  number  as  shall  be  directed  by 
law,  and  shall  be  commissioned  by  the  governor  for  a  term  of  five  years. 
But  no  township,  ward  or  borough,  shall  elect  more  than  two  justices 
of  the  peace  or  aldermen  w^ithout  the  consent  of  a  majority  of  the  quali- 
fied electors  within  such  township,  ward  or  borough. 

8.  All  officers  whose  election  or  appointment  is  not  provided  for  in 
this  constitution,  shall  be  elected  or  appointed  as  shall  be  directed  by 
law.     No  person  shall  be  appointed  to  any  office  within  any  county  who 

^  shall  not  have  been  a  citizen  and  an  inhabitant  therein  one  year  next 
before  his  appointment,  if  the  county  shall  have  been  so  long  erected ; 
but  if  it  shall  not  have  been  so  long  erected,  then  within  the  limits  of  the 
county  or  counties  out  of  which  it  shall  have  been  taken.  No  member 
of  congress  from  this  state,  or  any  person  holding  or  exercising  any  office 
or  appointment  of  trust  or  profit  under  the  United  States,  shall  at  the 
same  time  hold  or  exercise  any  office  in  this  state,  to  which  a  salary  is, 
or  fees  or  perquisites  are,  by  law,  annexed ;  and  the  legislature  may  by 
law  declare  what  state  offices  are  incompatible.  No  member  of  the 
senate  or  of  the  house  of  representatives  shall  be  appointed  by  the  go- 
vernor to  any  office  during  the  term  for  which  he  shall  have  been  elected. 


136  CONSTITUTION   OF 

9.  AH  officers  for  a  term  of  years  shall  hold  their  oflSecs  for  the  terms 
respectively  specified,  only  on  the  condition  that  they  so  long  behave 
themselves  well ;  and  shall  be  removed  on  conviction  of  misbehaviour  in 
office  or  of  any  infamous  crime. 

10.  Any  person  who  shall,  after  the  adoption  of  the  amendments  pro- 
posed by  this  convention  to  the  constitution,  fight  a  duel,  or  send  a  chal- 
lenge for  that  purpose,  or  be  aider  or  abettor  in  fighting  a  duel,  shall  be 
deprived  of  the  right  of  holding  any  office  of  honour  or  profit  in  this 
state,  and  shall  be  punished  otherwise  in  such  manner  as  is,  or  may  be 
prescribed  by  law ;  but  the  executive  may  remit  the  said  offence  and  all 
its  disqualifications. 

ARTICLE  7. 

§  1.  The  legislature  shall,  as  soon  as  conveniently  may  be,  provide, 
by  law,  for  the  establishment  of  schools  throughout  the  state,  in  such 
manner  that  the  poor  may  be  taught  gratis. 

2.  The  arts  and  sciences  shall  be  promoted  in  one  or  more  seminaries 
of  learning. 

3.  The  rights,  privileges,  immunities  and  estates  of  religious  societies 
and  corporate  bodies,  shall  remain  as  if  the  constitution  of  this  state  had 
not  been  altered  or  amended. 

4.  The  legislature  shall  not  invest  any  corporate  body  or  individual 
with  the  privilege  of  taking  private  property  for  public  use,  without  re- 
quiring such  corporation  or  individual  to  make  compensation  to  the 
owners  of  said  property,  or  give  adequate  security  therefor,  before  such 
property  shall  be  taken. 

ARTICLE   8. 

Members  of  the  general  assembly  and  all  officers,  executive  and  judi- 
cial, shall  be  bound  by  oath  or  affirmation  to  support  the  constitution  of 
this  commonwealth,  and  to  perform  the  duties  of  their  respective  offices 
with  fidelity. 

ARTICLE  9. 

That  the  general,  great  and  essential  principles  of  liberty  and  free  go- 
vernment  may  he  recognized  and  unalterably  established,  we  declare  : 

1.  That  all  men  are  born  equally  free  and  independent,  and  have  cer- 
tain inherent  and  indefeasible  rights,  among  which  are  those  of  enjoying 
and  defending  life  and  liberty,  of  acquiring,  possessing,  and  protecting 
property  and  reputation,  and  of  pursuing  their  own  happiness. 

2.  That  all  power  is  inherent  in  the  people,  and  all  free  governments 
are  founded  on  their  authority,  and  instituted  for  their  peace,  safety,  and 
happiness :  For  the  advancement  of  those  ends,  they  have,  at  all  times, 
an  unalienable  and  indefeasible  right  to  alter,  reform,  or  abolish  their 
government,  in  such  manner  as  they  may  think  proper. 

3.  That  all  men  have  a  natural  and  indefeasible  right  to  worship  Al- 
mighty God  according  to  the  dictates  of  their  own  consciences;  that  no 
man  can,  of  right,  be  compelled  to  attend,  erect,  or  support  any  place  of 
worship,  or  to  maintain  any  ministry  against  his  consent ;  that  no  human 
authority  can,  in  any  case  whatever,  control  or  interfere  with  the  rights 
of  conscience  ;  and  that  no  preference  shall  ever  be  given,  by  law,  to  any 
religious  establishments  or  modes  of  worship. 

4.  That  no  person  who  acknowledges  the  being  of  a  God  and  a  future 


PENNSYLVANIA.  137 

slate  of  rewards  and  punishments,  shall,  on  account  of  his  religious  sen- 
timents, be  disqualified  to  hold  any  office  or  place  of  trust  or  profit  under 
this  commonwealth. 

5.  That  elections  shall  be  free  and  equal. 

6.  That  trial  by  jury  shall  be  as  heretofore,  and  the  right  thereof  re- 
main inviolate. 

7.  That  the  printing  presses  shall  be  free  to  every  person,  who  under 
takes  to  examine  the  proceedings  of  the  legislature  or  any  branch  of 
government :  and  no  law  shall  ever  be  made  to  restrain  the  right  thereof. 
The  free  communication  of  thoughts  and  opinions  is  one  of  the  invalua- 
ble rights  of  man  ;  and  every  citizen  may  freely  speak,  write  and  print 
on  any  subject,  being  responsible  for  the  abuse  of  that  liberty.  In  prose- 
cutions for  the  publication  of  papers,  investigating  the  official  conduct 
of  officers,  or  men  in  a  public  capacity,  or  where  the  matter  published 
is  proper  for  public  information,  the  truth  thereof  may  be  given  in  evi- 
dence ;  and,  in  all  indictments  for  libels,  the  jury  shall  have  a  right  to 
determine  the  law  and  the  facts,  under  the  direction  of  the  court,  as  in 
other  cases, 

8.  That  the  people  shall  be  secure  in  their  persons,  houses,  papers  and 
possessions,  from  unreasonable  searches  and  seizures ;  and  that  no  war- 
rant to  search  any  place,  or  to  seize  any  person  or  things,  shall  issue 
without  describing  them  as  nearly  as  may  be,  nor  without  probable  cause, 
gupported  by  oath  or  affirmation. 

9.  That  in  all  criminal  prosecutions,  the  accused  hath  a  right  to  be 
heard  by  himself  and  his  counsel,  to  demand  the  nature  and  cause  of  the 
accusation  against  him,  to  meet  the  witnesses  face  to  face,  to  have  com- 
pulsory process  for  obtaining  witnesses  in  his  favour,  and  in  prosecutions 
by  indictment  or  information,  a  speedy  trial  by  an  impartial  jury  of  the 
vicinage :  that  he  cannot  be  compelled  to  give  evidence  against  himself^ 
nor  can  he  be  deprived  of  his  life,  liberty  or  property,  unless  by  the  judg- 
ment of  his  peers  or  the  law  of  the  land. 

10.  That  no  person  shall,  for  any  indictable  offence,  be  proceeded 
against  criminally  by  information ;  except  in  cases  arising  in  the  land 
or  naval  forces,  or  in  the  militia  when  in  actual  service  in  time  of  war 
or  public  danger ;  or  by  leave  of  the  court  for  oppression  and  misde- 
meanor in  office.  No  person  shall  for  the  same  offence  be  twice  put  in 
jeopardy  of  life  or  limb;  nor  shall  any  man's  property  be  taken,  or  ap- 
plied to  public  use,  without  the  consent  of  his  representatives,  and  with- 
out just  compensation  being  made. 

11.  That  all  courts  shall  be  open,  and  every  man  for  an  injury  done 
him  in  his  lands,  goods,  person  or  reputation,  shall  have  remedy  by  the 
due  course  of  law,  and  right  and  justice  administered  without  sale,  de- 
nial or  delay.  Suits  may  be  brought  against  the  commonwealth  in  such 
manner,  in  such  courts,  and  in  such  cases,  as  the  legislature  may,  by 
law,  direct. 

1:2.  That  no  power  of  suspending  laws  shall  be  exercised,  unless  by 
the  legislature,  or  its  authority. 

13.  That  excessive  bail  shall  not  be  required,  nor  excessive  fines  im- 
posed, nor  cruel  punishments  inflicted. 

14.  That  all  prisoners  shall  be  bailable  by  sufficient  sureties,  unless 
for  capital  offences,  when  the  proof  is  evident  or  presumption  great :  and 
the  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended,  unless 
when,  in  cases  of  rebellion  or  invasion,  the  public  safety  may  require  it 

m2 


1S8  CONSTITUTION   OF 

15.  That  no  commission  of  oyer  and  terminer  or  jail  delivery  shall  he 
issued. 

16.  That  the  person  of  a  debtor,  where  there  is  not  strong  presump- 
tion of  fraud,  shall  not  be  continued  in  prison  after  delivering  up  his 
estate  for  the  benefit  of  his  creditors  in  such  manner  as  shall  be  pre- 
Bcribed  by  law. 

17.  That  no  ex  post  facto  law,  nor  any  law  impairing  contracts,  shall 
be  made. 

18.  That  no  person  shall  be  attainted  of  treason  or  felony  by  the  legis- 
lature. 

19.  That  no  attainder  shall  work  corruption  of  blood ;  nor,  except 
during  the  life  of  the  offender,  forfeiture  of  estate  to  the  commonwealth: 
that  the  estates  of  such  persons  as  shall  destroy  their  own  lives,  shall 
descend  or  vest  as  in  case  of  natural  death ;  and  if  any  person  shall  be 
killed  by  casualty,  there  shall  be  no  forfeiture  by  reason  thereof. 

20.  That  the  citizens  have  a  right,  in  a  peaceable  manner,  to  assemble 
together  for  their  common  good,  and  to  apply  to  those  invested  witli  the 
powers  of  government  for  redress  of  grievances,  or  other  proper  purposes, 
by  petition,  redress,  or  remonstrance. 

21.  That  the  right  of  the  citizens  to  bear  arms,  in  defence  of  them- 
selves and  the  stale,  shall  not  be  questioned. 

22.  That  no  standing  arn\y  shall,  in  time  of  peace,  be  kept  up,  without 
the  consent  of  the  legislature ;  and  the  military  shall,  in  all  cases,  and  at 
all  times,  be  in  strict  subordination  to  the  civil  power. 

23.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house, 
without  the  consent  of  the  owner,  nor  in  time  of  war,  but  in  a  manner 
to  be  prescribed  by  law. 

24.  That  the  legislature  shall  not  grant  any  title  of  nobility  or  heredi- 
tary distinction,  nor  create  any  office  the  appointment  to  which  shall  bo 
for  a  longer  term  than  during  good  behaviour. 

25.  That  emigration  from  the  state  shall  not  be  prohibited. 

26.  To  guard  against  transgressions  of  the  high  powers  which  we 
have  delegated,  we  declare,  that  every  thing  in  this  articleis  excepted 
out  of  the  general  powers  of  government,  and  shall  for  ever  remain  in- 
violate. 

ARTICLE    10. 

Any  amendment  or  amendments  to  this  constitution  may  be  proposed 
in  the  senate  or  house  of  representatives,  and  if  the  same  shall  be  agreed 
to  by  a  majority  of  the  members  elected  to  each  house,  such  proposed 
amendment  or  amendments  shall  be  entered  on  their  journals,  with  the 
yeas  and  nays  taken  thereon,  and  the  secretary  of  the  commonwealth 
shall  cause  the  same  to  be  published  three  months  before  the  next  elec- 
tion, in  at  least  one  newspaper  in  every  county  in  which  a  newspaper 
shall  be  published  ;  and  if  in  the  legislature  next  afterwards  chosen,  such 
proposed  amendment  or  amendments  shall  be  agreed  to  by  a  majority 
of  the  members  elected  to  each  house,  the  secretary  of  the  commonwealth 
shall  cause  the  same  again  to  be  published  in  manner  aforesaid,  and  such 
proposed  amendment  or  amendments  shall  be  submitted  to  the  people  in 
such  manner  and  at  such  time,  at  least  three  months  after  being  so 
agreed  to  by  the  two  houses,  as  the  legislature  shall  prescribe ;  and  if  the 
people  shall  approve  and  ratify  such  amendment  or  amendments  by  a 
majority  of  the  qualified  voters  of  this  state  voting  thereon,  such  amend 


PENNSYLVANIA.  139 

ment  or  amendments  shall  become  a  part  of  the  constitution,  but  no 
amendment  or  amendments  shall  be  submitted  to  the  people  oftener  than 
once  in  five  years :  Provided,  that  if  more  than  one  amendment  be  sub- 
mitted, they  shall  be  submitted  in  such  manner  and  form,  that  the  people 
may  vote  for  or  against  each  amendment  separately  and  distinctly. 

SCHEDULE. 

That  no  inconvenience  may  arise  from  the  alterations  and  amendments  in  the  consti- 
tution of  this  commonwealth,  and  in  order  to  carry  the  same  into  complete  operation, 
it  is  hereby  declared  and  ordained,  that: 

1.  All  laws  of  this  commonwealth  in  force  at  the  time  when  the  said  alterations  and 
amendments  in  the  said  constituii^m  shall  take  eflfeot,  and  not  inconsistent  therewith,  and 
all  rights,  proi^ecutions,  actions,  claims,  and  omlrucls,  as  well  of  individuals  as  of  budics 
corporate,  shall  continue  as  if  ihe  said  alterations  and  amendments  had  not  lyeea  made. 

2.  The  alterations  and  amendments  in  the  said  constitution  shall  take  effect  from  the  first 
day  of  January,  eii<lUeen  hundred  and  ihirty-nine. 

3.  The  clauses,  sections,  and  articles  of  the  said  constitution  which  remain  unaltered, 
shall  continue  to  be  construed  and  have  eilt:ct  as  if  tlie  said  constitution  had  not  been 
amended. 

4.  The  general  assembly  which  shnll  convene  in  December,  eighteen  hundred  and  thirty- 
eight,  shall  continue  its  session,  as  heretofore,  notwithstanding  the  provision  in  the  eleventh 
Bcciion  of  the  first  article,  and  shall  at  all  limes  be  regarded  as  the  first  general  assembly 
under  the  amended  consiituiion. 

5.  The  governor,  who  shall  be  elected  in  October,  eighteen  hundred  and  thirty-eight, 
shall  be  inaugurated  on  the  third  Tuesday  in  January,  ci>fhieen  hundred  and  thirty-nme  ; 
to  which  time  the  present  executive  term  is  hereby  extended. 

6.  The  commissions  of  the  judgrs  of  the  supreme  court  who  may  be  in  office  on  the  first 
day  of  Januiiry  next,  shall  expire  in  the  following  manner: — The  commission  which  bears 
the  earliest  date  shall  expire  on  the  first  day  of  January,  anno  domini  one  thousand  eight 
hundred  and  forty-two:  the  commission  next  dated  shall  expire  on  the  first  day  of  January, 
anno  domini  one  thousand  eight  hundred  and  forty-five:  the  commission  next  dated  shall 
expire  on  the  first  day  of  January,  anno  domini  one  thousand  eight  hundred  and  forty-eight: 
the  commission  next  dated  shall  expire  on  the  first  day  of  January,  anno  domini  one  thou- 
sand eight  hundred  and  fifty-one:  and  the  commission  last  dated  shall  expire  on  the  first 
day  of  January,  anno  domini  one  thousand  eight  hundred  and  fifty-four. 

7.  The  commissions  of  the  president  jiidaes  of  the  several  judicial  districts,  and  of  the 
Bssociatelaw  judges  of  the  first  judicial  district,  shall  expire  as  follows: — The  commissions 
of  one-half  of  those  who  shall  have  held  their  offices  ten  years  or  more,  at  the  adoption 
of  the  amendments  to  the  constitution,  shall  expire  on  the  twenty-seventh  day  of  February, 
one  thousand  eight  hundred  and  thirty-nine:  the  commissions  of  the  other  half  of  those 
who  shall  have  held  their  offices  ten  years  or  more,  at  the  ad-iption  of  the  amendments  to 
the  constitution,  shall  expire  on  the  twenty-seventh  d;iy  of  February,  one  thousand  eight 
hundred  and  forty-two:  the  first  half  to  embrace  those  whose  commissions  shall  bear  the 
oldest  dale.  The  commissions  of  all  the  remaining  judges  who  shall  not  have  held  their 
offices  for  ten  years  at  the  adoption  of  the  amendments  to  the  constitution,  shall  expire  on 
the  twenty-seventh  day  of  February  next  after  the  end  of  ten  years  from  the  date  of  theii 
commissions. 

8.  The  recorders  of  the  several  mayors'  courts,  and  other  criminal  courts  in  this  com- 
monwealth, shall  be  appointed  for  the  same  time  and  in  the  same  manner  as  the  president 
judges  of  the  several  judicial  districts:  of  those  now  in  office,  the  commission  oldest  in  date 
shall  expire  on  the  twenty-seventh  day  of  February,  one  thousand  eight  hundred  and 
forty-one,  and  the  others  every  two  years  thereafter  according  to  their  respective  dates: 
those  oldest  in  date  expiring  first. 

9.  Th(>  legislature,  at  its  first  session  under  the  arnended  cojistitution,  shall  divide  the 
other  associate  judges  of  the  state  into  four  classes  The  commissions  of  those  of  the  first 
class  shall  expire  on  the  twenty-seventh  day  of  February,  eighteen  hundred  and  forty: 
of  those  of  the  second  class  on  the  twenty-seventh  day  of  February,  eighteen  hundred  and 
forty-one:  of  those  of  the  third  class  on  the  twenty-seventh  day  of  February,  eighteen 
hundred  and  forty-two:  and  of  those  of  the  fourth  class  on  the  twenty-seventh  day  of 
February,  eighteen  hundred  and  forty-three.  The  said  classes,  from  the  first  to  Ihe  fourth, 
shall  be  arranged  according  to  the  seniority  of  the  commissions  of  the  several  judges. 

10.  Prothonotaries,  clerks  of  the  several  courts,  (except  of  the  supreme  court.)  recorders 
of  deeds,  and  registers  of  wills,  shall  be  first  elected  under  the  amended  constitution,  at  the 
election  of  representatives,  in  the  year  eighteen  hundred  and  thirty-nine,  in  such  manner 
as  may  be  prescribed  by  law. 

11.  The  appointing  power  shall  remain  as  heretofore,  and  all  officers  in  the  appointment 
of  the  executive  department  shall  continue  in  the  exercise  of  the  duties  of  their  respectiwe 
offices  until  the  legislature  shall  pass  such  laws  as  may  be  required  by  ihe  eighth  section 
of  the  sixth  article  of  the  amended  constitution,  and  until  appointments  shall  be  made  under 
such  laws ;  unless  their  commissions  shall  be  superseded  by  new  appointments,  or  shall 
sooner  expire  by  their  own  limitations,  or  the  said  offices  shall  become  vacant  by  death  or 
resignation,  and  such  laws  shall  be  eiiacicd  by  the  first  legislature  under  Ihe  amended 
constitution. 


140  CONSTITUTION   OF 

13.  The  first  election  for  aldnrmen  and  justices  of  the  peace  shall  be  held  in  the  jreai 
eighteen  hundred  and  forty,  at  the  lime  fixed  for  the  election  of  constables.  The  legislature, 
at  its  first  session  under  the  amended  constitution,  shall  provide  for  the  said  election,  ana 
for  subsequent  similar  electicns.  The  aldermen  and  justices  of  the  peace  now  in  commission, 
or  who  may  in  the  interim  be  appointed,  shall  continue  to  discharee  the  duties  of  their 
respective  offices  until  fifteen  days  after  the  day  which  shall  be  fixed  b/  law  for  the  issuing 
of  new  commissions,  at  the  expiration  of  which  lime  their  commissions  shall  expire. 

In  testimony  that  the  foregoing  is  the  amended  constitution  of  Pennsylvania, 
as  agreed  to  in  convention,  we,  the  officers  and  members  of  the  convention, 
have  hereunto  signed  our  names,  at  Philadelphia,  the  twenty-second  day  of 
February,  anno  domini  one  thousand  eight  hundred  and  thirty-eight,  and 
of  the  independence  of  the  United  States  of  America  the  sixty-second. 

JOHN  SERGEANT,  President. 
(Attest)        S.  Shoch,  Secretary. 

5.  wT.tiM^'"'  i  -^--^-^  ^--'«"- 


CONSTITUTION  OF  DELAWARE, 

AS  AMBKDED  AND  ADOPTED,  DECEMBER  2d,   1831.* 


fVe,  the  People,  hereby  ordain  and  establish  this  Constitution  of 
Government  for  the  State  of  Delaivare. 

Through  divine  goodness  all  men  have,  by  nature,  the  rights  of  wor 
shipping  and  serving  their  Creator  according  to  the  dictates  of  their  con- 
sciences, of  enjoying  and  defending  life  and  liberty,  of  acquiring  and 
protecting  reputation  and  property,  and,  in  general,  of  attaining  objects 
suitable  to  their  condition,  without  injury  by  one  to  another ;  and  as 
these  rights  are  essential  to  their  welfare,  for  the  due  exercise  thereof, 
power  is  inherent  in  them  ;  and  therefore  all  just  authority  in  the  insti- 
tutions of  political  society  is  derived  from  the  people,  and  established 
with  their  consent,  to  advance  their  happiness  :  And  they  may  for  this 
end,  as  circumstances  require,  from  time  to  time,  alter  their  constitution 
of  government. 

ARTICLE    1. 

§  1.  Although  it  is  the  duty  of  all  men  frequently  to  assemble  to- 
gether for  the  public  worship  of  the  Author  of  the  Universe,  and  piety 
and  morality,  on  which  the  prosperity  of  communities  depends,  are 
thereby  promoted ;  yet  no  man  shall,  or  ought  to  be  compelled  to  attend 
any  religious  worship,  to  contribute  to  the  erection  or  support  of  any 
place  of  worship,  or  to  the  maintenance  of  any  ministry,  against  his 
own  free  will  and  consent :  and  no  power  shall  or  ought  to  be  vested  in 
or  assumed  by  any  magistrate,  that  shall  in  any  case  interfere  with,  oi 
in  any  manner  control  the  rights  of  conscience,  in  the  free  exercise  of 
religious  worship  :  nor  shall  a  preference  be  given  by  law  to  any  re  • 
ligious  societies,  denomination,  or  modes  of  worship. 

*  The  amendments  are  in  brackets. 


DELAWARE.  141 

§  2.  No  leligious  test  shall  be  required  as  a  qualification  to  any  office, 
or  public  trust,  under  this  state. 

§  3.  All  elections  shall  be  free  and  equal. 

§  4.  Trial  by  jury  shall  be  as  heretofore. 

§  5.  The  press  shall  be  free  to  every  citizen  who  undertakes  to  ex- 
amine the  oflicial  conduct  of  men  acting  in  a  public  capacity  ;  and  any 
citizen  may  print  on  any  such  subject,  being  responsible  for  the  abuse 
of  that  liberty.  In  prosecutions  for  pubUcations  investigating  the  pro- 
ceedings of  officers,  or  where  the  matter  published  is  proper  for  public 
information,  the  truth  thereof  may  be  given  in  evidence  ;  and  in  all  in- 
dictments for  libels,  the  jury  may  determine  the  facts  and  the  law,  as  in 
other  cases. 

§  6.  The  people  shall  be  secure  in  their  persons,  houses,  papers,  and 
possessions,  from  the  unreasonable  searches  and  seizures  :  and  no  war- 
rant to  search  any  place,  or  to  seize  any  person  or  things,  shall  issue 
without  describing  them  as  particularly  as  may  be,  nor  then,  unless  there 
be  probable  cause  supported  by  oath  or  affirmation. 

§  7.  In  all  criminal  prosecutions,  the  accused  hath  a  right  to  be  heard 
by  himself  and  his  counsel,  to  be  plainly  and  fully  informed  of  the  na- 
ture and  cause  of  the  accusation  against  him,  to  meet  the  witnesses  in 
their  examination  face  to  face,  to  have  compulsory  process  in  due  time, 
on  application  by  himself,  his  friends,  or  counsel,  for  obtaining  witnesses 
in  his  favour,  and  a  speedy  and  public  trial  by  an  impartial  jury  :  he  shall 
not  be  compelled  to  give  evidence  against  himself :  nor  shall  he  be  de- 
prived of  life,  liberty,  or  property,  unless  by  the  judgment  of  his  peers 
or  the  law  of  the  land. 

§  8.  No  person  shall  for  any  indictable  offence  be  proceeded  against 
criminally  by  information,  except  in  cases  arising  in  the  land  and  naval 
forces,  or  in  the  militia  when  in  actual  service  in  time  of  war  or  public 
danger,  and  no  person  shall  be  for  the  same  offence  twice  put  in  jeopardy 
of  life  or  limb ;  nor  shall  any  man's  property  be  taken  or  applied  to 
public  use  without  the  consent  of  his  representatives,  and  without  com- 
pensation being  made. 

§  9.  All  courts  shall  be  open  :  and  every  man  for  an  injury  done  him 
in  his  reputation,  person,  movable  or  immovable  possessions,  shall  have 
remedy  by  the  due  course  of  law,  and  justice  administered  according  to 
the  very  right  of  the  cause  and  the  law  of  the  land,  without  sale,  denial, 
or  unreasonable  delay  or  expense  ;  and  every  action  shall  be  tried  in  the 
county  in  which  it  shall  be  commenced,  unless  when  the  judges  of  the 
court  in  which  the  cause  is  to  be  tried,  shall  determine  that  an  impartial 
trial  therefor  cannot  be  had  in  that  county.  Suits  may  be  brought 
against  the  state,  according  to  such  regulations  as  shall  be  made  by  law. 
§  10.  No  power  of  suspending  laws  shall  be  exercised,  but  by  au- 
thority of  the  legislature. 

§  11.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  im- 
posed, nor  cruel  punishments  inflicted  :  and  in  the  construction  of  jails, 
a  proper  regard  shall  be  had  to  the  health  of  prisoners. 

§  12.  All  prisoners  shall  be  bailable  by  sufficient  sureties,  unless  for 
capital  offences,  when  the  proof  is  positive  or  the  presumption  great  • 
and  when  persons  are  confined  on  accusation  for  such  offences,  their 
friends  and  counsel  may  at  proper  seasons  have  access  to  them. 

§  13.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  stis- 


142  CONSTITUTION   OF 

pended,  unless  when,  in  cases  of  rebellion  or  invasion,  the  public  safety 
may  require  it. 

§  14.  No  commission  of  oyer  and  terminer  or  jail  delivery  shall  be 
issued. 

§  15.  No  attainder  shall  work  corruption  of  blood,  nor,  except  during 
the  life  of  the  offender,  forfeiture  of  estate.  The  estates  of  those  who 
destroy  their  own  lives  shall  descend  or  vest  as  in  case  of  natural  death  ; 
and  if  any  person  be  killed  by  accident,  no  forfeiture  shall  be  thereby 
incurred. 

§  16.  Although  disobedience  to  laws  by  a  part  of  the  people,  upon 
suggestions  of  impolicy  or  injustice  in  them,  tends  by  immediate  effect 
and  the  influence  of  example,  not  only  to  endanger  the  public  welfare 
and  safety,  but  also  in  governments  of  a  republican  form,  contravenes 
the  social  principles  of  such  governments  founded  on  common  consent 
for  common  good ;  yet  the  citizens  have  a  right  in  an  orderly  manner 
to  meet  together,  and  to  apply  to  persons  intrusted  with  the  powers  of 
government,  for  redress  of  grievances  or  other  proper  purposes,  by  peti- 
tion, remonstrance,  or  address. 

4  1 7.  No  standing  army  shall  be  kept  up  without  the  consent  of  the 
legislature :  and  the  military  shall,  in  all  cases  and  at  all  times,  be  in 
strict  subordination  to  *he  civil  power. 

§  18.  No  soldier  shail  in  time  of  peace  be  quartered  in  any  house 
without  the  consent  of  the  owner ;  nor  in  time  of  war,  but  by  a  civil 
magistrate,  in  a  manner  to  be  prescribed  by  law. 

§  19.  No  hereditary  distinction  shall  be  granted,  nor  any  oflRce  cre- 
ated or  exercised,  the  appointment,  to  which  shall  be  for  a  longer  term 
than  during  good  beiiaviour ;  a.^d  no  person  holding  any  office  under 
this  Slate  shall  accept  of  any  office  or  title  of  any  kind  whatever,  from 
any  king,  prince,  or  foreign  n^ate. 

We  declare,  that  every  thing  in  this  article  is  reserved  out  of  the 
general  powers  of  government  hereinafter  mentioned. 

AXTICtE    2 

§  1.  The  legislative  power  of  this  state  shall  he  vested  in  a  general 
assembly,  which  shall  consist  of  a  senate  and  house  of  representatives. 

§  2.  The  representatives  shall  be  chosen  [for  two  years]  by  the  citi- 
zens residing  in  the  several  counties. 

No  person  shall  be  a  representative  who  shall  not  have  attained  the 
age  of  twenty-four  years,  and  have  been  a  citizen  and  inhabitant  of  the 
state  three  years  next  preceding  the  first  meeting  of  the  legislature  after 
his  election,  and  the  last  year  of  that  term  an  inhabitant  of  the  county 
in  which  he  shall  be  chosen,  unless  he  shall  have  been  absent  on  the 
public  business  of  the  United  States,  or  of  this  state. 

There  shall  be  seven  representatives  chosen  in  each  county,  until  a 
greater  number  of  representatives  shall  by  the  general  assembly  be  judged 
necessary  ;  and  then,  two-thirds  of  each  branch  of  the  legislature  con- 
curring, they  may  by  law  make  provision  for  increasing  their  number. 

§  3.  The  senators  shall  be  chosen  for  [four]  years  by  the  citizens  re- 
siding in  the  several  counties. 

No  person  shall  be  a  senator  who  shall  not  have  attained  to  the  age 
of  twenty-seven  years,  and  have  in  the  county  in  which  he  shall  be 


DELAWARE.  143 

chosen,  a  freehold  estate  in  two  hundred  acres  of  land,  or  an  estate  in 
real  or  personal  property,  or  in  either,  of  the  value  of  one  thousand 
pounds  at  least,  and  have  been  a  citizen  and  inhabitant  of  the  state  three 
years  next  preceding  the  first  meeting  of  the  legislature  after  his  elec- 
tion, and  the  last  year  of  that  terra  an  inhabitant  of  the  county  in  which 
he  shall  be  chosen,  unless  he  shall  have  been  absent  on  the  public  busi- 
ness of  the  United  States  or  of  this  state. 

There  shall  be  thiee  senators  chosen  in  each  county.  When  a  greater 
number  of  senators  shall  by  the  general  assembly  be  judged  necessary, 
tv^^o-thirds  of  each  branch  concunring,  they  may  by  law  make  provision 
for  increasing  their  number  ;  but  the  number  of  senators  shall  never  be 
greater  than  one-half,  nor  less  than  one-third  of  the  number  of  repre- 
sentatives. 

[If  the  office  of  representative,  or  the  office  of  senator,  become  vacant 
before  the  regular  expiration  of  the  terra  thereof,  a  representative  or  a 
senator  shall  be  elected  to  fill  such  vacancy,  and  shall  hold  the  office  for 
the  residue  of  said  term. 

When  there  is  a  vacancy  in  either  house  of  the  general  assembly, 
and  the  general  assembly  is  not  in  session,  the  governor  shall  have 
power  to  issue  a  writ  of  election  to  fill  such  vacancy  ;  which  writ  shall 
be  executed  as  a  writ  issued  by  a  speaker  of  either  house  in  case  of 
vacancy.] 

§  4.  The  general  assembly  shall  meet  on  the  first  Tuesday  of  Janu- 
ary, biennially,  unless  sooner  convened  by  the  governor. 

[The  first  meeting  of  the  general  assembly,  under  this  amended  con- 
stitution, shall  be  on  the  first  Tuesday  of  January,  in  the  year  of  our 
Lord,  one  thousand  eight  hundred  and  thirty -three,  which  shall  be  the 
commencement  of  the  biennial  sessions.] 

§  5.  Each  house  shall  choose  its  speaker  and  other  officers  ;  and  also 
each  house,  whose  speaker  shall  exercise  the  office  of  governor,  may 
choose  a  speaker  pro  tempore. 

§  6.  Each  house  shall  judge  of  the  elections,  returns,  and  qualifica- 
tions of  its  own  members  ;  and  a  majority  of  each  shall  constitute  a 
quorum  to  do  business ;  but  a  smaller  number  may  adjourn  from  day 
to  day,  and  shall  be  authorized  to  compel  the  attendance  of  abs<ait  mem- 
bers, in  such  manner,  and  under  such  penalties  as  shall  be  deemed  ex- 
pedient. 

§  7.  Each  house  may  determine  the  rules  of  its  proceedings,  punish 
any  of  its  members  for  disorderly  behaviour,  and  with  the  concurrence  of 
two-thirds,  expel  a  member,  and  shall  have  all  other  powers  necessary 
for  a  branch  of  the  legislature  of  a  free  and  independent  state. 

§  8.  Each  house  shall  keep  a  jomnal  of  its  proceedings,  and  publish 
them  immediately  after  every  session,  except  such  parts  as  may  require 
secrecy,  and  the  yeas  and  nays  of  the  members  on  any  question  shall, 
at  the  desire  of  any  member,  be  entered  on  the  journal. 

§  9.  The  doors  of  each  house,  and  of  committees  of  the  whole,  shall 
be  open,  unless  when  the  business  is  such  as  ought  to  be  kept  secret 

§  10.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn 
for  more  than  three  days,  nor  to  any  other  place  than  that  in  which  the 
two  houses  shall  be  sitting. 

§11.  The  senators  and  representatives  shall  receive  a  compensation 
for  their  services  to  be  ascertained  by  law,  and  paid  out  of  the  treasury 


144  CONSTITUTION   OF 

of  the  state ;  but  no  law  varying  the  compensation  shall  take  effect,  until 
an  election  of  the  representatives  shall  have  intervened.  They  shall 
in  all  cases,  except  treason,  felony,  or  breach  of  the  peace,  be  privileged 
from  arrest  during  their  attendance  at  the  sessions  of  their  respective 
houses,  and  in  going  to  and  returning  from  the  same  ;  and  for  any  speech 
or  debate  in  either  house,  they  shall  not  be  questioned  in  any  other  place 

§  12.  No  senator  or  representative  shall,  during  the  time  for  which 
he  shall  have  been  elected,  be  appointed  to  any  civil  office  under  this 
state,  which  shall  have  been  created,  or  the  emoluments  of  which  shall 
have  been  increased,  during  such  time.  No  person  concerned  in  any 
army  or  navy  contracts,  no  member  of  congress,  nor  any  person  holding 
any  office  under  this  state  or  the  United  States,  except  the  attorney-ge- 
neral, officers  usually  appointed  by  the  courts  of  justice  respectively, 
attornej's  at  law,  and  officers  in  the  miUtia,  holding  no  disqualifying  office, 
shall  during  his  continuance  in  congress  or  in  office  be  a  senator  or  re- 
presentative. 

§  13.  When  vacancies  happen  in  either  house,  writs  of  election  shall 
be  issued  by  the  speakers  respectively,  or  in  cases  of  necessity,  in  such 
other  manner  as  shall  be  provided  by  law  ;  and  the  persons  thereupon 
chosen  shall  hold  their  seats  as  long  as  those  in  whose  stead  they  are 
elected  might  have  done,  if  such  vacancies  had  not  happened. 

§  14.  All  bills  for  raising  revenue  shall  originate  in  the  house  of  re- 
presentatives ;  but  the  senate  may  propose  alterations  as  on  other  bills ; 
and  no  bill,  from  the  operations  of  which,  when  passed  into  a  law, 
revenue  may  incidentally  arise,  shall  be  accounted  a  bill  for  raising  re- 
venue ;  nor  shall  any  matter  or  clause  whatever,  not  immediately  rela- 
ting to  and  necessary  for  raising  revenue,  be  in  any  manner  blended 
with  or  annexed  to  a  bill  for  raising  revenue. 

§  15.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence 
of  appropriations  made  by  law  ;  and  a  regular  statement  and  account  of 
the  receipts  and  expenditures  of  all  public  money  shall  be  pubUshed  at 
least  once  in  every  tivo  years. 

§  16.  [The  state  treasurer  shall  be  appointed  biennially  by  the  house 
of  representatives,  with  the  concurrence  of  the  senate.  In  case  of  va- 
cancy in  the  office  of  state  treasurer  in  the  recess  of  the  general  assem- 
bly, either  through  omission  of  the  general  assembly  to  appoint,  or  by 
the  death,  removal  out  of  the  state,  resignation,  or  inabiUty  of  the  state 
treasurer,  or  his  failure  to  give  security,  the  governor  shall  fill  the  va- 
cancy by  appointment,  to  continue  until  the  next  meeting  of  the  general 
assembly.  The  state  treasurer  shall  settle  his  accounts  annually  with 
the  general  assembly,  or  a  committee  thereof,  which  shall  be  appointed 
at  every  biennial  session.  No  person  who  hath  served  in  the  office  of 
state  treasurer  shall  be  eligible  to  a  seat  in  either  he  use  of  the  general 
assembly  until  he  shall  have  made  a  final  settlement  of  his  accounts  as 
treasurer,  and  discharged  the  balance,  if  any,  due  thereon. 

■  §  17.  [No  act  of  incorporation,  except  for  the  renewal  of  existing 
corporations,  shall  be  hereafter  enacted  without  the  concurrence  of  two- 
thirds  of  each  branch  of  the  legislature,  and  with  a  reserved  power  of 
revocation  by  the  legislature  ;  and  no  act  of  incorporation  which  may 
be  hereafter  enacted  shall  continue  in  force  for  a  longer  period  than 
twenty  years,  wdthout  the  re-enactment  of  the  legislature,  unless  it  be  an 
incorporation  for  public  improvement.] 


DELAWARE.  145 

ARTICLE    3. 

§  1.  The  supreme  execudve  powers  of  the  state  shall  be  vested  in  a 
governor. 

§  2.  The  governor  shall  be  chosen  by  the  citizens  of  the  state. 

The  returns  of  every  election  for  governor  shall  be  scaled  up,  and  im- 
mediately delivered  by  the  returning  officers  of  the  several  counties  to 
the  speaker  of  the  senate,  [or  in  case  of  the  vacancy  of  the  office  of  the 
speaker  of  the  senate,  or  his  absence  from  the  state,  to  the  secretary  of 
state,]  who  shall  keep  the  same  until  a  speaker  of  the  senate  shall  bo 
appointed,  to  whom  they  shall  be  immediately  deli-.ered  after  his  appoint- 
ment, who  shall  open  and  pubUsh  the  same  in  the  presence  of  the  mem- 
bers of  both  houses  of  the  legislature.  Duplicates  of  the  said  returns 
shall  also  be  immediately  lodged  with  the  prothonotary  of  each  county. 
The  person  having  the  highest  number  of  votes  shall  be  governor  :  but 
if  two  or  more  shall  be  equal  in  the  highest  number  of  votes,  the  mem- 
bers of  the  two  houses  shall,  by  joint  ballot,  choose  one  of  them  to  be 
governor  ;  and  if,  upon  such  ballot,  two  or  more  of  them  shall  still  be 
equal  and  highest  in  votes,  the  speaker  of  the  senate  shall  have  an  ad- 
ditional casting  vote. 

Contested  elections  of  a  governor  shall  be  determined  by  a  joint  com- 
mittee, consisting  of  one-third  of  all  the  members  of  each  branch  of  the 
legislature,  to  be  selected  by  ballot  of  the  house  respectively :  every  per- 
son of  the  committee  shall  take  an  oath  or  affirmation,  that  in  deter- 
mining the  said  election,  he  will  foithfully  discharge  the  trust  reposed  in 
him  :  and  the  committee  shall  always  sit  with  open  doors. 

§  3.  The  governor  shall  hold  his  office  during  [four]  years  from  the 
third  Tuesday  in  January  next  ensuing  his  election,  and  shall  not  be 
[eligible  a  second  time  to  said  office.] 

§  4.  He  shall  be  at  least  thirty  years  of  age,  and  have  been  a  citizen 
and  inhabitant  of  the  United  States  twelve  years  next  before  the  first 
meethig  of  the  legislature  after  his  election,  and  the  last  six  of  that  term 
an  inhabitant  of  this  state,  unless  he  shall  have  been  absent  on  the  pub- 
lic business  of  the  United  States  or  of  this  state. 

^  5.  No  member  of  congress,  nor  person  holding  any  office  under 
the  United  States,  or  this  state,  shall  exercise  the  office  of  governor. 

§  6.  The  governor  shall,  at  stated  times,  receive  for  his  services  an  ade- 
quate salary,  to  be  fixed  by  law,  which  shall  be  neither  increased  nor 
diminished  during  the  period  for  which  he  shall  have  been  elected. 

§  7.  He  shall  be  commander-in-chief  of  the  army  and  navy  of  the 
state,  and  of  the  militia ;  except  when  they  shall  be  called  into  service 
of  the  United  States. 

§  8.  He  shall  appoint  all  officers  whose  offices  are  established  by  this 
constitution,  or  shall  be  established  by  law,  and  whose  appointments  are 
not  herein  otherwise  provided  for  ;  but  no  person  shall  be  appointed  to 
an  office  within  a  county,  who  shall  not  have  a  right  to  vote  for  repre- 
sentatives, and  have  been  an  inhabitant  therein  one  year  next  before  his 
appointment,  nor  hold  the  office  longer  than  he  continues  to  reside  in 
the  county.  No  member  of  Congress,  nor  any  person  holding  or  exer- 
cising any  office  under  the  United  States,  shall  at  the  same  time  hold  or 
exercise  the  office  of  ju  Jlge,  treasurer,  attorney-general,  secretary,  pro- 
thonotary, register  for  the  probate  of  wills  and  granting  letters  of  ad- 
ministration, recorder,  sheriff,  or  any  office  under  this  state,  with  u  salary 

"N 


146  CONSTITUTION  OF 

by  law  annexed  to  it,  or  any  other  office  which  the  legislature  shall  de- 
clare imcompatible  with  offices  or  appointments  under  the  United  States. 
No  person  shall  hold  more  than  one  of  the  following  offices  at  the  samo 
time,  to  wit :  treasurer,  attorney -general,  prothonotary,  register,  or  sheriff. 
All  commissions  shall  be  in  the  name  of  the  state,  shall  be  sealed  with 
the  great  seal,  and  be  signed  and  tested  by  the  governor. 

§  9.  He  shall  have  power  to  remit  fines  and  forfeitures,  and  to  grant 
reprieves  and  pardons,  except  in  cases  of  impeachment.  [He  shall  set 
forth  in  writing,  fully,  the  grounds  of  all  reprieves,  pardons,  and  remis- 
sions, to  be  entered  in  the  register  of  his  official  acts,  and  laid  before  the 
general  assembly  at  their  next  session.] 

§  10.  He  may  require  information  in  writing  from  the  officers  in  the 
executive  department,  upon  any  subject  relating  to  the  duties  of  their 
respective  offices. 

§  11.  He  shall  from  time  to  time  give  to  the  general  assembly  infor 
mation  of  affairs  concerning  the  state,  and  recommend  to  their  consider 
ation  such  measures  as  he  shall  judge  expedient. 

§  12.  He  may,  on  extraordinary  occasions,  convene  the  general  assem- 
bly ;  and  in  case  of  disagreement  between  the  two  houses  with  respect 
to  the  time  of  adjournment,  adjourn  them  to  such  time  as  he  shall  think 
proper,  not  exceeding  three  months. 

§  13.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

§  14.  [Upon  any  vacancy  happening  in  the  office  of  governor  by  his 
death,  removal,  resignation,  or  inability,  the  speaker  of  the  senate  shall 
exercise  the  office  until  a  governor  elected  by  the  people  shall  be  duly 
qualified.  If  there  be  no  speaker  of  the  senate,  or  upon  a  further  va- 
cancy happening  in  the  office  by  his  death,  removal,  resignation  or  ina- 
bility, the  speaker  of  the  house  of  representatives  shall  exercise  the 
office  until  a  governor  elected  by  the  people  shall  be  duly  qualified.  If 
the  person  elected  governor  shall  die,  or  become  disqualified,  before  the 
commencement  of  his  term  of  office,  or  shall  refuse  to  take  the  same, 
the  person  holding  the  office  shall  continue  to  exercise  it,  until  a  gover- 
nor shall  be  elected  and  duly  qualified.  If  upon  a  vacancy  happening 
in  the  office  of  governor,  there  be  no  other  person  who  can  exercise  said 
office  within  the  provisions  of  the  constitution,  the  secretary  of  state 
shall  exercise  the  same  until  the  next  meetmg  of  the  general  assembly, 
who  shall  immediately  proceed  to  elect,  by  joint  ballot  of  both  houses,  a 
person  to  exercise  the  office  until  a  governor,  elected  by  the  people,  shall 
be  duly  qualified.  If  a  vacancy  occur  in  the  office  of  governor,  or  if 
the  governor-elect  die,  or  become  disqualified,  before  the  commencement 
of  his  term,  or  refuse  to  take  the  office,  an  election  for  governor  shall  be 
held  at  the  next  general  election,  unless  the  vacancy  happen  within  six 
days  next  preceding  the  election,  exclusive  of  the  day  of  the  happening 
of  the  vacancy  and  the  day  of  the  election  :  in  that  case,  if  an  election 
for  governor  would  not  have  been  held  at  said  election,  without  the 
happening  of  such  vacancy,  no  election  for  governor  shall  be  held  at  said 
election  in  consequence  of  such  vacancy.]  If  the  trial  of  a  contested 
election  shall  continue  longer  than  until  the  third  Tuesday  of  January 
next  ensuing  the  election  of  a  governor,  the  governor  of  the  last  year, 
or  the  speaker  of  the  senate,  or  of  the  house  of  representatives,  who 
may  then  be  in  the  exercise  of  the  executive  authority,  shall  continue 
therein  until  a  determination  of  such  contested  election.     The  goveruoi 


DELAWARE.  147 

shall  not  be  removed  from  his  office  for  inability,  but  with  the  concur 
rence  of  two-tliirds  of  all  the  members  of  each  branch  of  the  legisla- 
ture. 

§  15.  A  secretary  shall  be  appointed  and  commissioned  during  the 
governor's  continuance  in  office,  if  he  shall  so  long  behave  liimself  well. 
He  shall  keep  a  fair  register  of  all  the  official  acts  and  proceedings  of 
the  governor,  and  shall,  when  required  by  either  branch  of  the  legisla- 
ture, lay  the  same,  and  all  papers,  minutes,  and  vouchers,  relative  thereto, 
before  them,  and  shall  perform  such  other  duties  as  shall  be  enjoined 
him  by  law.  He  shall  have  a  compensation  for  his  services,  to  be  fixed 
by  law. 

ARTICLE    4. 

§  1.  [All  elections  for  governor,  senators,  representatives,  sheriffs,  and 
coroners,  shall  be  held  on  the  second  Tuesday  of  November,  and  be  by 
ballot  :  And  in  such  elections  every  free  white  male  citizen  of  the  age 
of  twenty-two  years  or  upwards,  having  resided  in  the  state  one  year 
next  before  the  election,  and  the  last  month  thereof  in  the  county  where 
he  offers  to  vote,  and  having  within  two  years  next  before  the  election 
paid  a  county  tax,  which  shall  have  been  assessed  at  least  six  months 
before  the  election,  shall  enjoy  the  right  of  an  elector  ;  and  every  free 
white  male  citizen  of  the  age  of  twenty-one  years,  and  under  the  age 
of  twenty-two  years,  having  resided  as  aforesaid,  shall  be  entitled  to  vote 
without  payment  of  any  tax  :  Provided,  that  no  person  in  the  military, 
naval,  or  marine  service  of  the  United  States  shall  be  considered  as  ac- 
quiring a  residence  in  this  state,  by  being  stationed  in  any  garrison,  bar- 
rack, or  military  or  naval  place  or  station  within  this  state  ;  and  no  idiot, 
or  insane  person,  or  pauper,  or  person  convicted  of  a  crime  deemed  by 
law  felony,  shall  enjoy  the  right  of  an  elector ;  and  that  the  legislature 
may  impose  the  forfeiture  of  the  right  of  suffrage  as  a  punishment  for 
crime.] 

§  2.  Electors  shall  in  all  cases,  except  treason,  felony,  or  breach  of 
the  peace,  be  privileged  from  an  arrest  during  their  attendance  at  elec- 
tions, and  in  going  to  and  returning  from  them. 

AETICLE    5. 

§  1.  The  house  of  representatives  shall  have  the  sole  power  of  im- 
peaching :  but  two-thirds  of  all  the  members  must  concur  in  an  im- 
peachment. All  impeachments  shall  be  tried  by  the  senate  ;  and  when 
sitting  for  that  purpose,  the  senators  shall  be  upon  oath  or  affirmation  to 
do  justice  according  to  the  evidence.  No  person  shall  be  convicted 
without  the  concurrence  of  two-thirds  of  all  the  senators. 

§  2.  The  governor,  and  all  other  civil  officers  under  this  state,  shall  be 
liable  to  impeachment  for  treason,  bribery,  or  any  high  crime  or  misde- 
meanor in  office.  Judgment  in  such  cases  shall  not  extend  further 
than  to  removal  from  office,  and  disqualification  to  hold  any  office  of 
honour,  trust,  or  profit  under  this  state ;  but  the  party  convicted  shall 
nevertheless  be  subject  to  indictment,  tiial,  judgment,  and  punishment 
according  to  law. 

§  3.  IVeason  against  this  state  shall  consist  only  in  levying  war 
against  it,  or  in  adhering  to  the  enemies  of  the  government,   giving 


148  CONSTITUTION   OF 

ihem  aid  and  comfort.  No  person  shall  be  convicted  of  treason,  unless 
on  tlie  testimony  of  two  witnesses  to  the  same  overt  act,  or  on  confession 
in  open  court. 

AUTICIE    6. 

§  1.  [The  judicial  power  of  this  state  shall  be  vested  in  a  court  of 
errors  and  appeals,  a  superior  court,  <a  court  of  chancery,  an  orphan's 
court,  a  court  of  oyer  and  terminer,  a  court  of  general  sessions  of  tK" 
peace  and  jail  delivery,  a  register's  court,  justices  of  the  peace,  ana  surn 
other  courts  as  the  general  assembly,  with  the  concurrence  of  two-thirds 
of  all  the  members  of  both  houses  shall  from  time  to  time  establish.] 

§  2.  [To  compose  the  said  courts  there  shall  be  five  judges  in  the 
state.  One  of  them  shall  be  chancellor  of  the  state :  he  shall  also  be 
president  of  the  orphan's  court :  he  may  be  appointed  in  any  part  of 
the  state.  The  other  four  judges  shall  compose  the  superior  court, 
the  court  of  oyer  and  terminer,  and  the  court  of  general  sessions  of  the 
peace  and  jail  delivery,  as  hereinafter  prescribed.  One  of  them  shall  be 
chief-justice  of  the  state,  and  may  be  appointed  in  any  part  of  it.  The 
other  three  judges  shall  be  associate  judges,  and  one  of  them  shall  re- 
side in  each  county.] 

§  3.  [The  superior  court  Miall  consist  of  the  chief-justice  and  two 
associate  judges.  The  chief-justice  shall  preside  in  every  county,  and 
in  his  absence  the  senior  associate  judge  sitting  in  the  county  shall 
preside.  No  associate  judge  shall  sit  in  the  county  in  which  he  resides. 
Two  of  the  said  judges  shall  constitute  a  quorum.  One  may  open  and 
adjourn  the  court,  and  make  all  rules  necessary  for  the  expediting  of 
business. 

This  court  shall  have  jurisdiction  of  all  causes  of  a  civil  nature,  real, 
personal,  and  mixed,  at  common  law,  and  all  other  the  jurisdiction  and 
powers  vested  by  the  laws  of  this  state  in  the  supreme  court  or  court  of 
common  pleas.] 

§  4.  [The  court  of  general  sessions  of  the  peace  and  jail  deUvery  shall 
be  composed  in  each  comity  of  the  same  judges  and  in  the  same  man- 
ner as  the  superior  court.  Two  shall  constitute  a  quorum.  One  may 
open  and  adjourn  the  court.  This  court  shall  have  all  the  jurisdiction 
and  powers  vested  by  the  laws  of  this  state  in  the  court  of  general 
quarter  sessions  of  the  peace  and  jail  delivery.] 

§  5.  [The  chancellor  shall  hold  the  court  of  chancery.  This  court 
shall  have  all  the  powers  vested  by  the  laws  of  this  state  in  the  court  of 
chancery.] 

§  6.  [The  court  of  oyer  and  terminer  shall  consist  of  all  the  judges 
except  the  chancellor.  Three  of  the  said  judges  shall  constitute  a 
quorum.  One  may  open  and  adjourn  the  court.  This  court  shall  ex- 
ercise the  jurisdiction  now  vested  in  the  courts  of  oyer  and  terminer  and 
general  jail  delivery  by  the  laws  of  this  state.  In  the  absence  of  the 
chief-justice  the  senior  associate  present  shall  preside.] 

§  7.  [The  court  of  errors  and  appeals  shall  have  jurisdiction  to  issue 
writs  of  error  to  the  superior  court,  and  to  receive  appeals  from  the 
court  of  chancery,  and  to  determine  finally  all  matters  in  error  in  the 
judgments  and  proceedings  of  said  superior  court,  and  all  matters  of 
appeal  in  the  interlocutory  or  final  decrees  and  proceedings  in  chancery. 
I'he  court  of  errors  and  appeals  upon  a  writ  of  error  to  the  superior 


DELAWARE.  149 

court  shall  consist  of  three  judges  at  least :  that  is  to  say,  the  chancellor, 
who  shall  preside,  the  associate  judge  who  could  not  on  account  of  his 
residence  sit  in  the  cause  below,  and  one  of  the  judges  who  did  sit  in 
the  said  cause.  The  judges  of  the  superior  court  to  whom  it  appertains 
to  hold  the  superior  court  in  each  county  shall  sit  alternately  in  the 
court  of  errors  and  appeals  in  cases  in  error  brought  from  the  superior 
court  held  in  such  county,  according  to  the  following  rotation,  that  is  to 
say  :  If  the  judgment  below  be  rendered  in  the  court  in  New  Cas^Ic 
county  at  the  first  term  of  the  said  court  there,  the  chief-justice  shall 
sit ;  if  at  the  second  term  of  said  court  there,  the  associate  judge  for 
Kent  county  shall  sit ;  and  if  at  the  third  term  of  said  court  there,  the 
associate  judge  for  Sussex  county  shall  sit.  If  the  judgment  below  be 
rendered  m  the  court  in  Kent  county  at  the  fust  term  of  said  court  there, 
the  associate  judge  for  Sussex  county  shall  sit;  if  at  the  second  term  of 
tne  said  court  there,  the  associate  judge  for  New  Castle  county  shall  sit ; 
and  if  at  the  third  term  of  the  court  there,  the  chief-justice  shall  sit.  If 
the  judgment  below  be  rendered  in  the  court  in  Sussex  county  at  the  first 
term  of  said  court  there,  the  associate  judge  for  New  Castle  county  shall 
sit ;  if  at  the  second  term  of  the  said  court  there,  the  chief-justice  shall 
sit,  and  if  at  the  third  term  of  the  said  court  there,  the  associate  judge 
for  Kent  county  shall  sit ;  and  so  from  term  to  term,  in  every  succeed- 
ing rotation  the  judges  beginning  and  following  each  other  in  the  same 
order.  But  if  in  any  case  in  the  court  of  errors  and  appeals,  the  judge 
who  sat  in  the  cause  below,  and  ought  according  to  this  provision  to  sit 
in  the  court  of  errors  and  appeals,  be  absent,  unable,  or  disqualified,  then 
either  of  the  other  judges  who  sat  in  the  cause  below  may  sit ;  and 
the  court  shall  have  power  to  prevent  any  inconvenience  or  delay  from 
observing  the  rotation  above  described,  by  making  an  order  or  regula- 
tion for  either  of  the  judges  who  sat  in  the  cause  below,  to  sit  in  such 
cause  in  the  court  of  errors  and  appeals.  If  a  judge  did  not  sit  in  the 
cause  below,  he  shall  sit  in  the  said  cause  in  the  court  of  errors  and 
appeals,  unless  there  be  a  legal  exception  to  him ;  but  the  court,  if  there 
be  three  judges  present,  may  proceed  in  his  absence. 

Whenever  the  superior  court  consider  that  a  question  of  law  ought 
to  be  decided  before  all  the  judges,  they  shall  have  power,  upon  the  ap- 
plication of  either  party,  to  direct  it  to  be  heard  in  the  court  of  errors 
and  appeals ;  and  in  that  case  the  chancellor  and  four  judges  shall 
compose  the  court  of  errors  and  appeals,  the  chancellor  presiding,  and 
any  four  of  them  being  a  quorum ;  and  in  the  absence  of  the  chancellor, 
the  chief-justice  shall  preside.  The  superior  court  in  exercising  this 
power  may  direct  a  cause  to  be  proceeded  in  to  verdict  and  judgment  in 
that  court,  or  to  be  otherwise  proceeded  in,  as  shall  be  best  for  ex- 
pediting justice. 

Upon  appeal  from  the  court  of  chancery,  the  court  of  errors  and  ap- 
peals shall  consist  of  the  chief-justice  and  three  associate  judges  ;  any 
three  of  them  shall  be  a  quorum.] 

§  8.  [In  matters  of  chancery  jurisdiction  in  which  the  chancellor  is  in- 
terested, the  chief-justice  sitting  in  the  superior  court  without  the  associate 
judges,  shall  have  jurisdiction,  with  an  appeal  to  the  court  of  errors  and 
appeals,  which  shall  consist  in  this  case  of  the  three  associate  judges 
the  senior  associate  judge  presiding.] 

§  9.  [The  governor  shall  have  power  to  commission  a  judge  ad  litem, 
N  2 


150  CONSTITUTION    OF 

to  decide  any  cause  in  which  there  is  a  legal  exception  to  the  chancellfV 
or  any  judge,  so  that  such  appointment  is  necessary  to  constitute  a  quo- 
rum in  either  court.  The  commission  in  such  case  shall  confine  the 
olHce  to  the  cause,  and  it  shall  expire  on  the  determination  of  the  cause. 
The  judge  so  appointed  shall  receive  a  reasonable  compensation,  to  be 
fixed  by  the  general  assembly.  A  member  of  congress,  or  any  person 
holding  or  exercising  an  office  under  the  United  Sates,  shall  not  be  dis- 
qualified from  being  appointed  a  judge  ad  litem.'] 

§  IC.  [The  orphans'  court  in  each  county,  shall  be  held  by  the  chan- 
cellor and  the  associate  judge  residing  in  the  county  ;  the  chancellor 
being  president.  Either  of  them,  in  the  absence  of  the  other,  may  hold 
the  court.  When  they  concur  in  opinion,  there  shall  be  no  appeal  from 
their  decision  except  in  matter  of  real  estate.  When  their  opinions  are 
opposed,  or  when  a  decision  is  made  by  one  of  them,  and  in  all  matters 
involving  a  right  to  real  estate,  or  the  appraised  value  or  other  value 
thereof,  there  shall  be  an  appeal  to  the  superior  court  for  the  county, 
which  shall  have  final  jurisdiction  in  every  such  case.  This  court  shall 
have  all  the  jurisdiction  and  powers  vested  by  the  laws  of  this  state  in 
the  orphans'  court.] 

§  11.  [The  jurisdiction  of  each  of  the  aforesaid  courts  shall  be  co- 
extensive with  the  state.  Process  may  be  issued  out  of  each  court,  in 
either  county,  into  every  county.] 

§  12.  [The  general  assembly,  notwithstanding  any  thing  contained 
in  this  article,  shall  have  power  to  repeal  or  alter  any  act  of  the  general 
assembly,  giving  jurisdiction  to  the  courts  of  oyer  and  terminer  and  ge- 
neral jail  delivery,  or  to  the  supreme  court,  or  the  court  of  common  pleas, 
or  the  court  of  general  quarter  sessions  of  the  peace  and  general  jail 
delivery,  or  the  orphans'  court,  or  to  the  court  of  chancery,  in  any  mat- 
ter, or  giving  any  power  to  either  of  said  courts.  Until  the  general  as- 
sembly shall  otherwise  direct,  there  shall  be  an  appeal  to  the  court  of  er- 
rors and  appeals  in  all  cases  in  which  there  is  an  appeal,  according  to 
any  act  of  the  general  assembly,  to  the  high  court  of  errors  and  appeals.] 

§  13.  [Until  the  general  assembly  shall  otherwise  provide,  the  chan- 
cellor shall  exercise  all  the  powers  which  any  law  of  the  state  vests  in  the 
chancellor  besides  the  general  powers  of  the  court  of  chancery  ;  and  the 
chief-justice  and  associate  judges  shall  each  singly  exercise  all  the  pow- 
ers which  any  law  of  this  state  vests  in  the  judges  singly  of  the  supreme 
court  or  court  of  common  pleas.] 

§  14.  [The  chancellor  and  judges  shall  respectively  hold  their  offices 
during  good  behaviour,  and  receive  for  their  services  a  compensation 
which  shall  be  fixed  by  law  and  paid  quarterly,  and  shall  not  be  less 
than  the  following  sums,  that  is  to  say : — the  annual  salary  of  the 
chief-justice  shall  not  be  less  than  the  sum  of  one  thousand  two  hundred 
dollars  :  and  the  annual  salary  of  the  chancellor  shall  not  be  less  than 
the  sum  of  one  thousand  one  hundred  dollars :  and  the  annual  salaries 
of  the  associate  judges,  respectively,  shall  not  be  less  than  the  sum  of 
one  thousand  dollars  each.  They  shall  hold  no  other  office  of  profit, 
nor  receive  any  fees  or  perquisites  in  addition  to  their  salaries  for  business 
done  by  them.  The  governor  may,  for  any  reasonable  cause,  in  his  dis- 
cretion, remove  any  of  them  on  the  address  of  two-thirds  of  all  the  mem- 
bers of  each  branch  of  the  general  assembly.  In  all  cases  where  the 
legislature  shall  so  address  the  governor,  the  <;ause  of  removal  shall  be 


DELAV'ARE.  151 

enlcrcJ  oji  tlie  journals  of  each  honso.  The  judge  against  whom  the 
legislature  may  be  about  to  proceed,  shall  receive  notice  thereof,  accom- 
panied with  the  causes  alleged  for  his  removal,  at  least  five  days  before  the 
day  on  which  either  house  of  the  general  assembly  shall  act  thereupon.] 

§  1 5.  [The  general  assembly  may  by  law  give  to  any  inferior  courts 
by  them  to  be  established,  or  to  one  or  more  justices  of  the  peace,  ju- 
risdiction of  the  criminal  matters  following,  that  is  to  say  :  assaults  and 
batteries,  keeping  without  license  a  public  house  of  entertainment,  tavern, 
inn,  ale-house,  ordinary  or  victualling  house,  retaining  or  selling  without 
license,  wine,  rum,  brandy,  gin,  whiskey,  or  spirituous  or  mixed  liquors 
contrary  to  law,  disturbing  camp-meetings  held  for  the  purpose  of  re- 
ligious worship,  disturbing  other  meetings  for  the  purpose  of  religious 
worship,  nuisances,  horse-racing,  cock-fighting,  and  shooting  matches, 
larcenies  committed  by  negroes  or  mulattoes,  and  the  offence  of  know- 
ingly buying,  receiving,  or  concealing  by  negroes  or  mulattoes,  of  stolen 
goods  and  things  the  subject  of  larceny,  and  of  any  negro  or  mulatto 
being  accessary  to  any  larceny.  The  general  assembly  may  by  law  regu- 
late this  jurisdiction,  and  provide  that  the  proceedings  shall  be  with  or 
without  indictment  by  grand  jury,  or  tiial  by  petit  juiy,  and  may  grant 
or  deny  the  privilege  of  appeal  to  the  court  of  general  sessions  of  the 
peace  :  the  matters  within  this  section  shall  be  and  the  same  hereby  arc 
excepted  and  excluded  from  the  provision  of  the  constitution,  that — "No 
person  shall  for  an  indictable  offence  be  proceeded  against  criminally  by 
information, '  — and  also  from  the  provision  of  the  constitution  concerning 
trial  by  jury. 

§  16.  In  civil  causes  when  pending,  the  [superior]  court  shall  have 
the  power,  before  judgment,  of  directing  upon  such  terms  as  they  shall 
deem  reasonable,  amendments  in  pleadings  and  legal  proceedings,  so 
that  by  error  in  any  of  them,  the  determination  of  causes,  according  to 
their  real  merits,  shall  not  be  hindered  ;  and  also  of  directing  the  ex- 
amination of  witnesses  that  are  aged,  very  infirm,  or  going  out  of  the 
state,  upon  interrogatories  de  heniie  esse,  to  be  read  in  evidence,  in 
case  of  the  death  or  departure  of  the  witnesses  before  the  trial,  or  inabili- 
ty by  reason  of  age,  sickness,  bodily  infirmity,  or  imprisonment,  then  to 
attend ;  and  also  the  power  of  obtaining  evidence  from  places  not  within 
this  state. 

§  17.  At  any  time  pending  an  action  for  debt  or  damages,  the  de- 
fendant may  bring  into  court  a  sum  of  money  for  discharging  the  same, 
and  the  costs  then  accrued,  and  the  plaintiff  not  accepting  thereof,  it  shall 
be  delivered  for  his  use  to  the  clerk  or  prothonotary  of  the  court ;  and  if, 
upon  the  final  decision  of  the  cause,  the  plaintiff  shall  not  recover  a 
greater  sum  than  that  so  paid  into  court  for  him,  he  shall  not  recover 
any  costs  accruing  after  such  payment,  except  where  the  plaintiff  is  an 
executor  or  administrator, 

§  18.  By  the  death  of  any  party,  no  suit  in  chancery  or  at  law,  where 
the  cause  of  action  survives,  shall  abate,  but  until  the  legislature  shal' 
otherwise  provide,  suggestion  of  such  death  being  entered  of  record,  the 
executor  or  administrator  of  a  deceased  petitioner  or  plaintiff  may  prose- 
cute the  said  suit;  and  if  a  respondent  or  defendant  dies,  the  executor 
or  administrator  being  duly  served  with  a  scire  facias,  thirty  days  be- 
fore the  term  thereof,  shall  be  considered  as  a  party  to  the  suit,  in  the 
same  maimer  as  if  he  had  voluntarily  made  himself  a  piu-ty ;  and  in  any 


152  CONSTITUTION    OF 

of  those  cases,  the  court  shall  pass  a  decree,  or  render  judgment  for,  or 
ngainst  the  executors  or  administrators,  as  to  right  appertains.  But 
where  an  executor  or  administrator  of  a  deceased  respondent  or  defendant 
becomes  a  party,  the  court,  upon  motion,  shall  grant  such  a  continuance 
of  the  cause  as  to  the  judges  shall  appear  proper. 

§  19.  Whenever  a  person,  not  being  an  executor  or  administrator, 
appeals  from  a  decree  of  the  chancellor,  or  applies  for  a  writ  of  error, 
such  appeal  or  Avrit  shall  be  no  stay  of  proceeding  in  the  chancery,  or 
the  court  to  which  the  writ  issues,  unless  the  appellant  or  plaintiff  in 
error  shall  give  sufficient  security,  to  be  approved  respectively  by  the 
chancellor,  or  by  a  judge  of  the  court  from  which  the  writ  issues,  that 
the  appellant  or  plaintiff  in  error  shall  prosecute  respectively  his  appeal 
or  writ  to  effect,  and  pay  the  condemnation  money  and  all  costs,  or 
otherwise  abide  the  decree  in  appeal  or  the  judgment  in  error,  if  he  fail 
to  make  his  plea  good. 

§  20.  No  writ  of  error  shall  be  brought  upon  any  judgment  heretofore 
confessed,  entered,  or  rendered,  but  within  five  years  from  this  time  ;  nor 
upon  any  judgment  hereafter  to  be  confessed,  entered,  or  rendered,  but 
within  five  years  after  the  confessing,  entering,  or  rendering  thereof; 
unless  the  person  entitled  to  such  writ  be  an  infant,  feme  covert,  nou 
compos  mentis,  or  a  prisoner,  and  then  with  five  years  exclusive  of  the 
time  of  such  disability 

§  21.  An  executor,  administrator,  or  guardian  shall  file  every  account 
with  the  register  for  the  county,  who  shall,  as  soon  as  conveniently  may 
be,  carefully  examine  the  particulars  with  the  proofs  thereof,  in  the  pre- 
sence of  such  executor,  administrator,  or  guardian,  and  shall  adjust  and 
settle  the  same,  according  to  the  very  right  of  the  matter  and  the  law  of 
the  land  ;  which  account  so  settled,  shall  remain  in  his  office  for  inspec- 
tion ;  and  the  executor,  administrator,  or  guardian  shall,  within  three 
months  after  such  settlement,  give  due  notice  in  writing  to  all  persons 
entitled  to  shares  of  the  estate,  or  to  their  guardians  respectively,  if  re- 
siding within  the  state,  that  the  account  is  lodged  in  the  said  office  for 
inspection.  [Exceptions  may  be  made  by  persons  concerned,  to  both 
sides  of  evej^'  such  account,  either  denying  the  justice  of  the  allowances 
made  to  the  accountant,  or  alleging  further  charges  against  him  ;  and 
the  exceptions  shall  be  heard  in  the  orphans'  court  for  the  county  ;  and 
thereupon  the  account  shall  be  adjusted  and  settled  according  to  the  right 
of  the  matter  and  the  law  of  the  land.] 

§  22.  The  registers  of  the  several  counties  shall  respectively  hold  the 
register's  court  in  each  county.  Upon  the  litigation  of  a  cause,  the  de- 
positions of  the  witnesses  examined  shall  be  taken  at  large  in  writing, 
and  make  part  of  the  proceedings  in  the  cause.  This  court  may  issue 
process  throughout  the  state,  to  compel  the  attendance  of  witnesses.  Ap- 
peals may  be  made  from  the  register's  court  to  the  [superior]  court, 
whose  decisions  shall  be  final.  In  cases  where  a  register  is  interested  in 
questions  concerning  the  probate  of  wills,  the  granting  letters  of  admin- 
istration, or  executors,  administrators,  or  guardians'  accounts,  the  cog 
nizance  thereof  shall  belong  to  the  orphans'  court,  with  an  appeal  to  the 
[superior]  court,  whose  decision  shall  be  final. 

§  2.3.  [The  prothonotary  of  the  superior  court  may  issue  process,  take 
recognizances  of  bail  and  enter  judgments,  according  to  law  and  the 
practice  of  the  court.]     No  judgment  in  one  county  shall  bind  lands  oi 


DELAWARE.  153 

tenements  in  another,  until  a  testatum  Jieri  facias  being  issued,  shall  be 
entered  of  record  in  the  office  of  the  prothonotary  of  the  county  where- 
in the  lands  or  tenements  are  situated. 

§  24.  The  governor  shall  appoint  a  competent  number  of  persons  to  the 
office  of  justice  of  the  peace,  not  exceeding  twelve  in  each  county,  until 
two-thirds  of  both  houses  of  the  legislature  shall  by  law  direct  an  addi- 
tion to  the  number,  who  shall  be  commissioned  for  seven  years,  if  so 
long  they  shall  behave  themselves  well,  but  may  be  removed  by  the  go- 
vernor within  that  time  on  conviction  of  misbehaviour  in  office,  or  on 
the  address  of  both  hoyses  of  the  legislature. 

§  25.  The  style  in  all  process  and  public  acts  shall  be,  "  The  state 
of  Delaxvare."  Prosecutions  shall  be  carried  on  in  the  name  of  the 
state. 

ARTICLE  7. 

§  1.  The  members  of  the  senate  and  house  of  representatives,  the 
chancellor,  the  judges,  and  the  attorney-general  shall,  by  virtue  of  their 
offices,  be  conservators  of  the  peace  throughout  the  state  ;  and  the  trea- 
surer, secretary,  prothonotaries,  registers,  recorders,  sheriffs,  and  coroners 
shall,  by  virtue  of  their  offices,  be  conservators  thereof  within  the  coun- 
ties respectively  in  which  they  reside. 

§  2.  The  representatives,  and,  when  there  shall  be  more  than  one,  the 
representatives  of  the  people  of  this  state  in  cdTigress,  shall  be  voted  for 
at  the  same  places  where  representatives  in  the  legislature  are  voted  for, 
and  in  the  same  manner. 

§  3.  [The  sheriff  and  coroner  of  each  county  shall  be  chosen  by  the 
citizens  residing  in  such  county.  They  shall  hold  their  respective  offices 
for  two  years,  if  so  long  they  behave  themselves  well,  and  until  succes- 
sors be  duly  qualified ;  but  no  person  shall  be  tivice  chosen  sheriff  upon 
election  by  the  citizens  in  any  term  of  four  years.  They  shall  be  com- 
missioned by  the  governor.  The  governor  shall  fill  vacancies  in  those 
offices  by  appohitments  to  contmue  until  the  next  election,  and  until 
successors  shall  be  duly  qualified.  The  legislature,  two-thirds  of  each 
branch  concurring,  may  vest  the  appointment  of  sheriffs  and  coroners  in 
the  governor  ;  but  no  person  shall  be  twice  appointed  sheriff  in  any  term 
of  six  years.] 

§  4.  The  attorney-general,  [registers  in  chancery,]  prothonotaries,  re- 
gisters, clerks  of  the  orphans'  court  and  of  the  peace,  shall  respectively 
be  commissioned  for  five  years,  if  so  long  they  shall  behave  themselves 
well ;  but  may  be  removed  by  the  governor  within  that  time  on  convic- 
tion of  misbehaviour  in  office,  or  on  the  address  of  both  houses  of  the 
legislature.  Prothonotaries,  [registers  in  chancery,]  clerks  of  the 
orphans'  court,  registers,  recorders,  and  sheriffs,  shall  keep  their  offices 
in  the  town  or  place  in  each  county  in  which  the  [superior]  court  [is] 
usually  held. 

§  5.  Attorneys  at  law,  all  inferior  officers  in  the  treasury  department, 
election  officers,  officers  relating  to  taxes,  to  the  poor,  and  to  highways, 
constables  and  hundred  officers,  shall  be  appointed  in  such  manner  as  is 
or  may  be  directed  by  law. 

§  6.  All  salaries  and  fees  aimexed  to  officers  shall  be  moderate;  and 
no  officer  shall  receive  any  fees  whatever  without  giving  to  the  person 


154  CONSTITUTION    OF 

who  pays,  a  receipt  for  them,  if  required,  therein  specifying  every  par- 
ticular and  the  charge  for  it. 

§  7,  No  costs  shall  be  paid  by  a  person  accused  on  a  bill  being  re- 
turned ignoramus,  nor  on  acquittal  by  a  jury. 

§  8.  The  rights,  privileges,  immunities,  and  estates  of  religious  socie- 
ties and  corporate  bodies  shall  remain  as  if  the  constitution  of  thi?  state 
had  not  been  altered.  No  [ordained]  clergyman  or  [ordained]  preacher 
of  the  gospel  of  any  denomination  shall  be  capable  of  holding  any  civil 
office  in  the  state,  or  of  being  a  member  of  either  branch  of  the  legisla- 
ture while  he  continues  in  the  exercise  of  the  pastoral  or  clerical  func- 
tions. 

§  9.  All  the  laws  of  this  state  existing  at  the  tune  of  making  this  con- 
stitution, and  not  inconsistent  with  it,  shall  remain  in  force,  unless  they 
shall  be  altered  by  future  laws ;  and  all  actions  and  prosecutions  now 
pending  shall  proceed  as  if  this  constitution  had  not  been  made. 

§  10.  This  constitution  shall  be  prefixed  to  every  edition  of  the  laws 
made  by  direction  of  the  legislature. 

§  11.  The  legislature  shall,  as  soon  as  conveniently  may  be,  provide 
by  law  for  ascertaining  what  statutes  and  parts  of  statutes  shall  continue 
to  be  in  force  within  this  state  ;  for  reducing  them  and  all  acts  of  the  ge- 
neral assembly  into  such  order,  and  publishing  them  in  such  manner,  that 
thereby  the  knowledge  of  them  may  be  generally  diffused  ;  for  choosing 
inspectors  and  judges  of  elections,  and  regulating  the  same  in  such  manner 
as  shall  most  effectually  guard  the  rights  of  the  citizens  entitled  to  vote  ; 
for  better  securing  personal  liberty,  and  easily  and  speedily  redressing  all 
wrongful  restraints  thereof;  for  more  certainly  obtaining  returns  of  impar- 
tial juries ;  for  dividing  lands  and  tenements  in  sales  by  sheriffs,  where 
they  will  bear  a  division,  into  as  many  parcels  as  may  be  without  spoil- 
ing the  whole,  and  for  advertising  and  making  the  sales  in  such  manner, 
and  at  such  times  and  places  as  may  render  them  most  beneficial  to  all 
persons  concerned  ;  and  for  establishing  schools,  and  promoting  arts  and 
sciences. 

§  12.  [No  property  qualification  shall  be  necessary  to  the  holding  of 
any  office  in  this  state,  except  the  office  of  senator  in  the  general  as- 
sembly, and  the  office  of  assessor,  inquisitor  on  lands,  and  levy  court 
commissioner,  and  except  such  offices  as  the  general  assembly  shall  by 
law  designate.] 

ARTICLE  8. 

Members  of  the  general  assembly  and  all  officers,  executive  and  judi- 
cial, shall  be  bound  by  oath  or  affirmation,  to  support  the  constitution 
of  this  state,  and  to  perform  the  duties  of  their  respective  offices  with 
delity. 

ARTICLE  9. 

The  general  assembly,  whenever  two-thirds  of  each  house  shall  deem 
it  necessary,  may,  with  the  approbation  of  the  governor,  propose  amend- 
ments to  this  constitution,  and  at  least  three,  and  not  more  than  six 
months  before  the  next  general  election  of  representatives,  duly  publish 
them  in  print  for  the  consideration  of  the  people  ;  and  if  three-fourths  of 
each  branch  of  the  legislature  shall,  afler   such  an  election  and  before 


DELAWARE.  155 

another,  ratify  the  said  amendments,  they  shall  be  valid  to  all  intents 
and  purposes  as  parts  of  this  constitution.  No  convention  shall  be  called 
but  by  the  authority  of  the  people  :  and  an  unexceptionable  mode  of  mak- 
ing their  sense  known  will  be  for  them  at  a  [special  election  on  the  third 
Tuesday  of  May  in  any  year]  to  vote  by  ballot  for  or  against  a  conven- 
tion, as  they  shall  severally  choose  to  do ;  and  if  thereupon  it  shall  ap- 
pear that  a  majority  of  all  the  citizens  in  the  state,  having  right  to  vote 
for  representatives,  have  voted  for  a  convention,  the  general  assembly 
shall  accordingly  at  their  next  session  call  a  convention,  to  consist  of  at 
least  as  many  members  as  there  are  in  both  houses  of  the  legislature,  to 
be  chosen  in  the  same  manner,  at  the  same  places,  and  at  the  same  time 
that  representatives  are  by  the  citizens  entitled  to  vote  for  representa- 
tives, on  due  notice  given  for  one  month,  and  to  meet  within  three 
months  after  they  shall  be  elected.  [The  majority  of  all  the  citizens  in 
the  state  having  right  to  vote  for  representatives  shall  be  ascertained  by 
reference  to  the  highest  number  of  votes  cast  in  the  state  at  any  one  of 
the  three  general  elections,  next  preceding  the  day  of-  voting  for  a  con- 
vention, except  when  they  may  be  less  than  the  whole  number  of  votes 
voted  both  for  and  against  a  convention,  in  which  case  the  said  majority 
shall  be  ascertained  by  reference  to  the  number  of  votes  given  on  the  day 
of  voting  for  or  against  a  convention  ;  and  whenever  the  general  assem- 
bly shall  deem  a  convention  necessary,  they  shall  provide  by  law  for  the 
holding  of  a  special  election  for  the  purpose  of  ascertainmg  the  sense  of 
the  majority  of  the  citizens  of  the  state  entitled  to  vote  for  represen- 
tatives,] 

SCHEDULE. 

TnAT  no  inconveniences  may  arise  from  the  amendments  of  the  con- 
stitution of  this  state,  and  in  order  to  carry  the  same  into  complete  ope- 
ration, it  is  hereby  declared  and  ordained  as  follows  : — 

§  1 .  The  offices  of  the  present  senate  and  representatives  shall  not  be 
vacated  by  any  amendment  of  the  constitution  made  in  this  convention, 
nor  otherwise  affected,  except  that  the  terms  of  the  representatives  and 
the  terms  of  the  senators  which  will  expire  on  the  first  Tuesday  of  Octo- 
ber in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty-tw^o, 
are  hereby  extended  to  the  second  Tuesday  of  November  in  that  year : 
and  the  terms  of  the  senators  which  will  expire  on  the  first  Tuesday  of 
October  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty- 
three,  are  hereby  extended  to  the  second  Tuesday  of  November  in  that 
year :  And  the  tenns  of  the  senators  which  will  expire  on  the  first  Tues- 
day of  October  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-four  are  hereby  extended  to  the  second  Tuesday  of  November  in 
that  year. 

The  general  assembly  shall  meet  on  the  first  Tuesday  of  January 
next,  and  shall  not  be  within  the  amended  provision  respecting  biennial 
sessions,  which  biennial  sessions  shall  commence  with  the  session  of  the 
general  assembly  on  the  first  Tuesday  of  January  in  the  year  of  our  Lord 
one  tliousand  eight  himdred  and  thirty-three. 

§  2.  The  offices  of  the  present  sheriffs  and  coroners  shall  not  be  va- 
cated by  any  amendment  to  the  constitution  made  in  this  convention, 
nor  otherwise  affected,  except  that  the  term  of  office  of  the  sheriff  of  Sus- 


156  CONSTITUTION   OF 

sex  county  is  hereby  extendsd  to  the  second  Tuesday  of  November,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty-two,  and 
until  a  successor  be  duly  qualified  :  and  on  the  second  Tuesday  of  Novem- 
ber, in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty -tvyo, 
shall  be  the  first  election  for  sherift'  in  Sussex  county  under  this  amended 
constitution.  And  the  term  of  the  present  coroner  for  Sussex  county  is 
hereby  extended  to  the  second  Tuesday  of  November  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  thirty-four,  and  until  a  successor 
shall  be  duly  qualified  ;  and  on  the  said  last  mentioned  day  shall  be  the 
first  election  for  coroner  in  Sussex  county  under  this  amended  consti- 
tution. 

The  terms  of  the  present  sheriffs  and  coroners  for  Kent  county  and 
New  Castle  county  are  hereby  extended  to  the  second  Tuesday  of  No- 
vember in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty- 
three,  and  until  successors  to  them  respectively  be  duly  qualified  ;  and 
on  or  after  the  first  Tuesday  of  November  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  thirty-three,  the  governor  shall  have  power 
to  appoint  a  sheriff  and  a  coroner  for  New  Castle  county,  and  a  sherifif 
and  coroner  for  Kent  county,  to  continue  in  office  until  the  second  Tues- 
day of  November,  in  the  year  of  our  Lord  one  thousand  eight  himdred 
and  thirty-four,  and  until  successors  to  them  respectively  be  duly  quali- 
fied. And  on  the  said  last  mentioned  day  shall  be  the  first  election  for 
sheriff  and  for  coroner  in  New  Castle  county  and  in  Kent  county  under 
this  amended  constitution,  unless  a  vacancy  happen  in  the  office  of  sheriff 
or  coroner  of  New  Castle  or  Kent  county,  or  of  coroner  for  Sussex 
county  before  the  second  Tuesday  of  November,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  thirty-two ;  in  which  case  an  election 
shall  be  held  on  that  day  for  a  sheriff  or  coroner  under  this  amended  con- 
stitution, in  place  of  the  sherifl*  or  coroner  whose  office  had  become 
vacant. 

§  3.  The  first  election  for  representatives  under  this  amended  consti- 
tution shall  be  held  on  the  second  Tuesday  of  November,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  thirty-two  ;  which  shall  be  the 
commencement  of  biennial  elections.  At  this  election  one  senator  shall 
be  chosen  in  each  county  for  four  years.  Also  at  the  biennial  election 
to  be  held  in  the  several  counties  on  the  second  Tuesday  of  November  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty-four,  two 
senators  shall  be  chosen  in  each  county  for  four  years  each.  But  as  the 
term  of  one  senator  in  each  county  will  expire  on  the  second  Tuesday 
of  November,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-three,  when  no  election  will  be  held,  to  provide  for  this  special 
case,  a  senator  shall  be  chosen  in  each  county,  at  the  election  held  on  the 
second  Tuesday  of  November,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  thirty-two  for  one  year,  to  succeed  the  senator  for 
such  county  whose  term  will  expire  on  the  second  Tuesday  of  Novem- 
ber, in  the  ye*  of  our  Lord  one  thousand  eight  hundred  and  thirty- 
three,  and  to  continue  in  office  imtil  the  second  Tuesday  in  November, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty-four, 
when  two  senators  shall  be  chosen  in  each  county  as  afore-provided. 

§  4.  The  term  of  office  of  the  present  governor  shall  not  be  vacated 
nor  extended  by  amendment  made  to  the  constitution  in  this  conven- 
tion ;  but  the  said  office  shall  continue  during  the  original  term  tiiereof , 


DELAWARE.  157 

but  the  ninth  and  fourteenth  sections  of  the  third  article  of  this  constitu- 
tion shall  be  immediately  in  force  as  amended.  An  election  for  gover- 
nor shall  be  held  on  the  second  Tuesday  of  November,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  thirty-two. 

§  5.  This  constitution  as  amended,  so  far  as  shall  concern  the  judicial 
department,  shall  commence  and  be  in  operation  from  and  after  the 
third  Tuesday  of  January,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  thirty-two.  All  the  courts  of  justice  now  existing  shall 
continue  with  their  present  jurisdiction,  and  the  chancellor  and  judges 
and  the  clerks  of  the  said  courts  shall  continue  in  office  until  the  said 
third  Tuesday  of  January,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  thirty-two;  upon  which  day  tho  said  courts  shall  be  abo- 
lished, and  the  offices  of  the  said  chancellor,  judges,  and  clerks  shall  ex- 
pire. All  WTits  of  error  and  appeals  and  proceedings  which,  on  the  third 
Tuesday  of  January,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  thirty-two,  shall  be  depending  in  the  high  court  of  errors  and 
appeals,  and  all  the  books,  records,  and  papers  of  said  court  shall  be 
transferred  to  the  court  of  errors  and  appeals  established  by  this  amended 
constitution  ;  and  the  sEiid  writs  of  errors,  appeals,  and  proceedings  shall 
be  proceeded  in,  in  the  said  court  of  errors  and  appeals,  to  final  judgment, 
decree,  or  other  determination. 

All  suits,  proceedings,  and  matters  which,  on  the  third  Tuesday  of 
Januar)%  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty- 
two,  shall  be  depending  in  the  supreme  court,  or  court  of  common  pleas, 
and  all  books,  records,  and  papers  of  the  said  courts  shall  be  transfened 
to  the  superior  court  established  by  this  amended  constitution,  and  the  said 
suits,  proceedings,  and  matters  shall  be  proceeded  in  to  final  judgment  or 
determination  in  the  said  superior  court.  All  indictments,  proceedings,  and 
matters  which,  on  the  third  Tuesday  of  January,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  thirty-two,  shall  be  depending  in  the 
court  of  general  quarter  sessions  of  the  peace  and  jail  delivery,  shall  be 
transferred  to  and  proceeded  in  to  final  judgment  and  determination  in 
the  court  of  general  sessions  of  the  peace  and  jail  delivery  established 
by  this  amended  constitution,  and  all  books,  records,  and  papers  of  said 
court  of  general  quarter  sessions  of  the  peace  and  jail  delivery  shall 
be  transferred  to  the  said  court  of  general  sessions  of  the  peace  and  jail 
delivery.  All  suits,  proceedings,  and  matters  which,  on  the  third  Tues- 
day of  January,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-two,  shall  be  depending  in  the  court  of  chancery  or  in  the  orphans' 
court,  and  all  records,  books,  and  papers  of  said  courts  respectively,  shall 
be  transferred  to  the  court  of  chancery  or  orphans'  court  respectively, 
established  by  this  amended  constitution,  and  the  said  suits,  proceedings, 
and  matters  shall  proceed  in  to  final  decree,  order,  or  other  determination. 

§  6.  The  register's  courts  and  justices  of  the  peace  shall  not  be  affected 
by  any  amendments  of  the  constitution  made  in  this  convention;  but 
the  said  courts  and  the  terms  of  office  of  registers  and  justices  of  the 
peace  shall  remain  the  same  as  if  said  amendments  had  not  been  made. 

§  7.  The  general  assembly  shall  have  power  to  make  any  law  neces- 
sary to  carry  into  effect  this  amended  constitution. 

§  8.  The  provision  in  the  twentieth  section  of  the  sixth  article  of  this 
amended  constitution  (being  the  thirteeth  section  of  the  sixth  article  of 
the  original  constitution)  of  limitation  of  writs  of  error,  shall  have  rela- 

0 


158  CONSTITUTION   OF 

tion  to,  and  take  date  from,  the  twelfth  day  of  June,  in  the  year  of  onr 
Lord  one  thousand  seven  hundred  and  ninety-two,  the  date  of  said  ori- 
ginal constitution. 

§  9.  The  governor  shall  have  power  to  issue  writs  of  election  to  supply 
vacancies  in  either  house  of  the  general  assembly  that  have  happened  or 
may  happen. 

§  10.  It  is  declared  that  nothing  in  this  amended  constitution  gives  ai 
writ  of  error  from  the  court  of  errors  and  appeals  to  the  court  of  oyer  and 
terminer  or  court  of  general  sessions  of  the  peace  and  jail  delivery,  nor 
an  appeal  from  the  court  of  general  sessions  of  the  peace  and  jail  de- 
livery. 

The  acts  of  the  general  assembly,  increasing  the  number  of  justices 
of  the  peace,  shall  remain  in  force  until  repealed  by  the  general  assem- 
bly ;  and  no  office  shall  be  vacated  by  the  amendment  to  this  constitu- 
tion, unless  the  same  be  expressly  vacated  thereby,  or  the  vacating  the 
same  is  necessary  to  give  effect  to  the  amendments. 

Done  in  convention,  the  second  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  thirty-one,  and  of  the  indepen- 
dence of  the  United  States  of  America,  the  fifty-sixth.  In  testimony 
whereof,  we  have  hereunto  subscribed  our  names. 

CHARLES  POLK,  President, 

Thomas  Adams,  James  C.  Lynch, 

John  Caulk,  James  B.  Macomb^ 

John  M.  Clayton,  Joseph  Maull, 

Peter  L.  Cooper,  Elias  Naudian, 

Thomas  Deakyne,  William  NickoUs, 

Edward  Dingle,  Samuel  Radcliff, 

Wm.  Dunning,  John  Raymond, 

John  Elhott,  George  Read,  Jr. 

James  Fisher,  Henry  F.  Rodney, 

WilKam  Hall,  James  Rogers, 

Thomas  W.  Handy,  William  Seal, 

John  Harlan,  P.  Spruance,  Jr. 

Charles  H.  Haughey,  Wm.  D.  Waples, 
Hughitt  Layton, 

(Attest,)  W  P.  Brobsoit  Secretary 


MARYLAND.  159 


CONSTITUTION  OF  MARYLAND.* 


The  Declaration  of  Rights,  and  the  Constitution  and  Form  of 
Government  of  tlie  State  of  Maryland. 


THE  DECLAB.ATIOX  OF  RIGHTS. 

The  parliament  of  Great  Britain,  by  a  declaratory  act,  having  assumed 
a  right  to  make  laws  to  bind  the  colonies  in  all  cases  whatsoever,  and, 
in  pursuance  of  such  claim,  endeavoured,  by  force  of  arms,  to  subjugate 
the  united  colonies  to  an  unconditional  submission  to  their  will  and 
power,  and  having  at  length  constrained  them  to  declare  themselves  in- 
dependent states,  and  to  assume  a  government  under  the  authority  of  the 
people :  Therefore, 

We,  the  delegates  of  Maryland,  in  free  and  full  convention  assembled, 
taking  into  our  most  serious  consideration  the  best  means  of  establishing 
a  good  constitution  in  this  state,  for  the  sure  foundation  and  more  per- 
manent security  thereof,  declare  : 

1.  That  all  government  of  right  originates  from  the  people,  is  founded 
in  compact  only,  and  instituted  solely  for  the  good  of  the  whole. 

2.  That  the  people  of  this  state  ought  to  have  the  sole  and  exclusive 
right  of  regulating  the  internal  government  and  police  thereof. 

3.  That  the  inhabitants  of  Maryland  are  entitled  to  the  common  law 
of  England,  and  the  trial  by  jury,  according  to  the  course  of  that  law, 
and  to  the  benefit  of  such  of  the  English  statutes,  as  existed  at  the  time 
of  their  first  emigration ;  and  which,  by  experience,  have  been  found 
applicable  to  their  local  and  other  circumstances,  and  of  such  others  as 
have  been  since  made  in  England,  and  Great  Britain,  and  have  been  in- 
troduced, used,  and  practised  by  the  courts  of  law  or  equity  ;  and  also  to 
ail  acts  of  assembly,  in  force  on  the  first  of  June,  seventeen  hundred  and 
seventy-four,  except  such  as  may  have  since  expired,  or  have  been,  or 
may  be,  altered  by  acts  of  convention,  or  this  declaration  of  rights — sub- 
ject, nevertheless,  to  the  revision  of,  and  amendment  or  repeal  by,  the 
legislature  of  this  state  ;  and  the  inhabitants  of  Maryland  are  also  en- 
titled to  all  property  derived  to  them  from  or  under  the  charter  granted 
by  his  majesty  Charles  I.  to  Csecilius  Calvert,  baron  of  Baltimore. 

4.  That  all  persons  invested  with  the  legislative  or  executive  powers 
of  government  are  the  trustees  of  the  public,  and,  as  such,  accountable 
for  their  conduct ;  wherefore,  whenever  the  ends  of  government  are  per- 
verted, and  the  public  liberty  manifestly  endangered,  and  all  other  means 
of  redress  are  ineffectual,  the  people  may,  and  of  right  ought  to  do,  re- 
form the  old,  or  establish  a  new  government.  The  doctrine  of  non- 
resistance  against  arbitrary  power  and  oppression  is  absurd,  slavish,  and 
destructive  of  the  good  and  happiness  of  mankind. 

•  Such  parts  of  the  original  constitution,  or  the  amendments  thereto,  as  have  been 
altered  or  abolished,  are  printed  in  bracketa. 


160  CONSTITUTION   OF 

5.  That  the  right,  in  the  people,  to  participate  in  the  legislature,  is 
the  best  security  of  liberty,  and  the  foundation  of  all  free  government ; 
tor  this  purpose,  elections  ought  to  be  free  and  frequent,  and  every  man 
having  property  in,  a  common  interest  with,  and  an  attachment  to,  the 
community,  ought  to  have  a  right  of  suffrage. 

6.  That  the  legislative,  executive,  and  judicial  powers  of  government 
ought  to  be  for  ever  separate  and  distinct  from  each  other. 

7.  That  no  power  of  suspending  laws,  or  the  execution  of  laws  unless 
by,  or  derived  from,  the  legislature,  ought  to  be  exercised  or  allowed. 

8.  That  freedom  of  speech  and  debate,  or  proceedings,  in  the  legisla- 
ture, ought  not  be  impeached  in  any  other  court  of  judicature. 

9.  That  a  place  for  the  meeting  of  the  legislature  ought  to  be  fixed, 
the  most  convenient  to  the  members  thereof,  and  to  the  depository  of 
public  records  ;  and  the  legislature  ought  not  to  be  convened  or  held  at 
any  other  place,  but  from  evident  necessity. 

10.  That,  for  redress  of  grievances,  and  for  amending,  strengthening, 
and  preserving  the  laws,  the  legislature  ought  to  be  frequently  convened. 

11.  That  every  nian  hath  a  right  to  petition  the  legislature,  for  the 
redress  of  grievances,  in  a  peaceable  and  orderly  manner. 

12.  That  no  aid,  charge,  tax,  burthen,  fee  or  fees,  ought  to  be  set, 
rated,  or  levied,  under  any  pretence,  without  consent  of  the  legislature. 

13.  That  the  levying  of  taxes  by  the  poll  is  grievous  and  oppressive, 
and  ought  to  be  abolished ;  that  paupers  ought  not  to  be  assessed  for  the 
support  of  government ;  but  every  other  person  in  the  state  ought  to  con- 
tribute his  proportion  of  public  taxes,  for  the  support  of  government, 
according  to  his  actual  worth,  in  real  or  personal  property,  within  the 
state ;  yet  fines,  duties,  or  taxes  may  properly  and  justly  be  imposed  or 
laid,  with  political  view,  for  the  good  government  and  benefit  of  the  com- 
munity. 

14.  That  sanguinary  laws  ought  to  be  avoided,  as  far  as  is  consistent 
with  the  safety  of  the  state ;  and  no  law  to  inflict  cruel  and  unusual 
pains  and  penalties  ought  to  be  made  in  any  case,  or  at  any  time  here- 
after. 

15.  That  retrospective  laws,  punishing  facts  committed  before  the  ex- 
istence of  such  laws,  and  by  them  only  declared  criminal,  are  oppressive, 
unjust,  and  incompatible  with  liberty  ;  wherefore,  no  ex  post  facto  law 
ought  to  be  made. 

1 6.  That  no  law  to  attaint  particular  persons  of  treason  or  felony, 
ought  to  be  made  in  any  case,  or  any  time  hereafter. 

17.  That  every  freeman,  for  any  injury  done  him  in  his  person  or  pro- 
perty, ought  to  have  remedy,  by  the  course  of  the  law  of  the  land,  and 
ought  to  have  justice  and  right,  freely,  without  sale,  fully,  without  any 
denial,  and  speedily,  without  delay,  according  to  the  law  of  the  land. 

18.  That  the  trial  of  facts  where  they  arise  is  one  of  the  greatest 
securities  of  the  lives,  liberties,  and  estates  of  the  people. 

19.  That,  in  all  criminal  prosecutions,  every  man  hath  a  right  to  be 
informed  of  the  accusation  against  him ;  to  have  a  copy  of  the  indict- 
ment or  charge  in  due  time  (if  required)  to  prepare  for  his  defence  ;  to 
be  allowed  counsel ;  to  be  confronted  with  the  witnesses  against  him , 
to  have  process  for  his  witnesses ;  to  examine  the  witnesses  for  and 
against  him.  <^r  oath ;  and  to  a  speedy  trial  by  an  impartial  jury,  with- 
out whose  unanunou?  consent  he  ought  not  to  be  found  guilty. 


MARYLAND.  161 

^0.  Thai  no  man  ought  to  be  compelled  to  give  evidence  agains* 
himself,  in  a  court  of  common  law,  or  in  any  other  court,  but  in  such 
cases  as  have  been  usually  practised  in  this  state,  or  may  hereafter  be 
directed  by  the  legislature. 

21.  That  no  freeman  ought  to  be  taken,  or  imprisoned,  or  disseized  of 
his  freehold,  liberties,  or  privileges,  or  outlawed,  or  exiled,  or  in  any 
manner  destroyed,  or  deprived  of  his  life,  liberty,  or  property,  but  by  the 
judgment  of  his  peers,  or  by  the  law  of  the  land. 

22.  That  excessive  bail  ought  not  to  be  required,  nor  excessive  fines 
imposed,  nor  cruel  or  unusual  punishments  inflicted  by  the  courts  of 
law. 

23.  That  all  warrants,  without  oath  or  affirmation,  to  search  sus- 
pected places,  or  to  seize  any  person  or  property,  are  grievous  and  op- 
pressive ;  and  all  general  warrants  to  search  suspected  places,  or  to  ap- 
prehend suspected  persons,  without  naming  or  describing  the  place  or 
the  person  in  special,  are  illegal,  and  ought  not  to  be  granted. 

24.  That  there  ought  to  be  no  forfeiture  of  any  part  of  the  estate  of 
any  person,  for  any  crime  except  murder,  or  treason  against  the  state, 
and  then  only  on  conviction  and  attainder. 

25.  That  a  well  regulated  militia  is  the  proper  and  natural  defence 
of  a  free  government. 

26.  That  standing  armies  are  dangerous  to  liberty,  and  ought  not  to 
be  raised  or  kept  up  without  consent  of  the  legislature. 

27.  That,  in  all  cases  and  at  all  times,  the  military  ought  to  be  under 
strict  subordination  to,  and  control  of,  the  civil  power. 

28.  That  no  soldier  ought  to  be  quarti?red  in  any  house  in  time  of 
peace,  without  the  consent  of  the  owner ;  and  in  time  of  war,  in  such 
maimer  only  as  the  legislature  shall  direct. 

29.  That  no  person,  except  regular  soldiers,  mariners,  and  marines  in 
the  service  of  this  state,  or  militia  when  in  actual  service,  ought  in  any 
case  to  be  subject  to,  or  punishable  by,  martial  law. 

30.  That  the  independency  and  uprightness  of  judges  are  essential  to 
the  impartial  administration  of  justice,  and  a  great  security  to  the  rights 
and  liberties  of  the  people ;  wherefore,  the  chancellor  and  judges  ought 
to  hold  commissions  during  good  behaviour  ;  and  the  said  chancellor  and 
judges  shall  be  removed  for  misbehaviour,  on  conviction  in  a  court  of 
law,  and  may  be  removed  by  the  governor,  upon  the  address  of  the  gen- 
eral assembly :  provided,  that  two-thirds  of  all  the  members  of  each 
house  concur  in  such  address.  That  salaries,  liberal,  but  not  profuse, 
ought  to  be  secured  to  the  chancellor  and  the  judges  during  the  con- 
tinuance of  their  commissions,  in  such  manner,  and  at  such  times,  as 
the  legislature  shall  hereafter  direct,  upon  consideration  of  the  circum- 
stances of  this  state.  No  chancellor  or  judge  ought  to  hold  any  other 
office,  civil  or  military,  or  receive  fees  or  perquisites  of  any  kind. 

31.  That  a  long  continuance  in  the  first  executive  department  of 
power  or  trust,  is  dangerous  to  liberty  ;  a  rotation,  therefore,  in  those 
departments,  is  one  of  the  best  securities  of  permanent  freedom. 

32.  That  no  person  ought  to  hold,  at  the  same  time,  more  than  one 
oflice  of  profit,  nor  ought  any  person  in  public  trust  to  receive  any  pre- 
sent from  any  foreign  prince  or  state,  or  from  the  United  States,  or  any 
of  them,  without  the  approbation  of  this  state. 

33.  That,  as  it  is  the  duty  of  every  man  to  worship  God  in  such  man- 

o2 


162  CONSTITUTION   OF 

ner  as  he  thinks  most  acceptable  to  him,  all  persons  professing  the 
Christian  religion  are  equally  entitled  to  protection  in  their  religious 
liberty  ;  wherefore,  no  person  ought  by  any  law  to  be  molested  in  his 
person  or  estate,  on  account  of  his  religious  persuasion  or  profession,  or 
for  his  religious  practice ;  unless,  under  colour  of  religion,  any  man  shall 
disturb  the  good  order,  peace,  or  safety  of  the  state,  or  shall  infringe  the 
laws  of  morality,  or  injure  others  in  their  natural,  civil,  or  religious 
rights  :  nor  ought  any  person  to  be  compelled  to  frequent,  or  maintain 
or  contribute,  unless  on  contract,  to  maintain  any  particular  place  of 
worship  or  any  particular  ministry  ;  (yet  the  legislature  may,  in  their 
discretion,  lay  a  general  and  equal  tax  for  the  support  of  the  Christian 
religion ;  leaving  to  each  individual  the  power  of  appointing  the  pay- 
ment over  of  the  money,  collected  from  him,  to  the  support  of  any  parti- 
cular place  of  worship  or  minister,  or  for  the  benefit  of  the  poor  of  his 
own  denomination,  or  the  poor  in  general  of  any  particular  county ;) 
but  the  churches,  chapels,  glebes,  and  all  other  property,  now  belonging 
to  the  church  of  England,  ought  to  remain  to  the  church  of  England  for 
ever.  And  all  acts  of  assembly  lately  passed,  for  collecting  moneys  for 
building  or  repairing  particular  churches  or  chapels  of  ease,  shall  con- 
tinue in  force,  and  be  executed,  unless  the  legislature  shall,  by  act,  super- 
sede or  repeal  the  same  :  but  no  county  court  shall  assess  any  quantity 
of  tobacco,  or  sum  of  money,  hereafter,  on  the  application  of  any  vestry- 
men or  church-wardens  ;  and  every  incumbent  of  the  church  of  England, 
who  hath  remained  in  his  parish,  and  performed  his  duty,  shall  be  en- 
titled to  receive  the  provision  and  support  established  by  the  act  entitled 
"  an  act  for  the  support  of  the  clergy  of  the  church  of  England  in  this 
province,"  till  the  November  court  of  this  present  year,  to  be  held  for  the 
county  in  which  his  parish  shall  lie,  or  partly  lie,  or  for  such  time  as  he 
hath  remained  in  his  parish,  and  performed  his  duty. 

34.  That  every  gift,  sale,  or  devise  of  lands,  to  anv  minister,  public 
teacher,  or  preacher  of  the  gospel,  as  such,  or  to  any  religious  sect,  or- 
der, or  denomination,  or  to  or  for  the  support,  use,  or  benefit  of,  or  in  trust 
for,  any  minister,  public  teacher,  or  preacher  of  the  gospel,  as  such,  or 
any  religious  sect,  order,  or  denomination ;  and  every  gift  or  sale  of  goods 
or  chattels,  to  go  in  succession,  or  to  take  place  after  the  death  of  the 
seller  or  donor,  to  or  for  such  support,  use,  or  benefit,  and  also  every 
devise  of  goods  or  chattels  to  or  for  the  support,  use,  or  benefit  of  any 
minister,  public  teacher,  or  preacher  of  the  gospel,  as  such,  or  any  re- 
ligious sect,  order,  or  denomination,  without  the  leave  of  the  legislature, 
shall  be  void,  except  always  any  sale,  gift,  lease,  or  devise  of  any  quantity 
of  land  not  exceeding  two  acres,  for  a  church,  meeting,  or  other  house 
of  worship,  and  for  a  burying  ground,  which  shall  be  improved,  enjoyed, 
or  used  only  for  such  purpose,  or  such  sale,  gift,  lease,  or  devise,  shall 
be  void. 

35.  That  no  other  test  or  qualification  ought  to  be  required,  on  ad- 
mission to  any  office  of  trust  or  profit,  than  such  oath  of  support  and 
fideUty  to  this  state,  and  such  oath  of  office,  as  shall  be  directed  by  this 
convention  or  the  legislature  of  this  state,  and  a  declaration  of  a  belief 
in  the  Christian  religion. 

36.  That  the  manner  of  administering  an  oath  to  any  person,  ought 
to  be  such  as  those  of  the  religious  persuasion,  profession,  or  denomma- 
tion,  of  which  such  person  is  one,  generally  esteem  the  most  effectua. 


MARYLAND.  163 

confirmation  by  the  attestation  of  the  divine  Being  ;  and  that  the  people 
called  Quakers,  those  called  Tunkers,  and  those  called  Menonists,  hold- 
ing it  unlawful  to  take  an  oath  on  any  occasion,  ought  to  be  allowed  to 
make  their  solemn  affirmation  in  the  manner  that  Quakers  have  been 
heretofore  allowed  to  affirm ;  and  to  be  of  the  same  avail  as  an  oath  in 
ajl  such  cases  as  the  affirmation  of  Quakers  hath  been  allowed  and  ac- 
v'cepted  within  this  state  instead  of  an  oath.  And  further,  on  such  affir- 
mation,  warrants  to  search  for  stolen  goods,  or  the  apprehension  or  com- 
mitment of  offenders,  ought  to  be  granted,  or  security  for  the  peace  award- 
ed, and  Quakers,  Tunkers,  or  Menonists  ought  also,  on  their  solemn 
affirmation  aforesaid,  to  be  admitted  as  witnesses  in  all  criminal  cases, 
[not  capital.] 

37.  That  the  city  of  Annapolis  ought  to  have  all  its  rights,  privileges, 
and  benefits,  agreeable  to  its  charter  and  the  acts  of  assembly  confirm- 
ing and  regulating  the  same,  subject,  nevertheless,  to  such  alterations  as 
may  be  made  by  this  convention  or  any  future  legislature. 

38.  That  the  liberty  of  the  press  ought  to  be  inviolably  preserved. 

39.  That  monopolies  are  odious,  contrary  to  the  spirit  of  a  free  govern- 
ment, and  the  principles  of  commerce,  and  ought  not  to  be  sufifered. 

40.  That  no  title  of  nobility,  or  hereditary  honours,  ought  to  be  grant- 
ed in  this  state. 

41.  That  the  subsisting  resolves  of  this  and  the  several  conventions 
held  for  this  colony,  ought  to  be  in  force  as  laws,  unless  altered  by  this 
convention,  or  the  legislature  of  this  state. 

42.  That  this  declaration  of  rights,  or  the  form  of  government  to  be 
established  by  this  convention,  or  any  part  of  either  of  them,  ought  not 
to  be  altered,  changed,  or  abolished  by  the  legislature  of  this  state,  but  in 
such  manner  as  this  convention  shall  prescribe  and  direct. 

This  declaration  of  rights  was  assented  to  and  passed,  in  convention 
of  the  delegates  of  the  freemen  of  Maryland,  begun  and  held  at 
AnnapoUs,  the  14th  day  of  August,  A.  D.  1776. 
By  order  of  the  convention. 

MAT.  TILGHMAN,  Prei't. 

The  Constitution  and  Form  of  Govermnent. 

1 .  That  the  legislature  consist  of  two  distinct  branches,  a  senate  and 
house  of  delegates,  which  shall  be  styled,  the  general  assembly  of  Mary- 
land. 

2.  That  the  house  of  delegates  shall  be  chosen  in  the  following  man- 
ner :  all  freemen,  [above  twenty-one  years  of  age,  having  a  freehold  of 
fifty  acres  of  land  in  the  county  in  which  they  offer  to  vote,  and  residing 
therein,  and  all  freemen  having  property  in  this  state  above  the  value  of 
thirty  pounds  current  money,  and  having  resided  in  the  county  in  which 
they  offer  to  vote  one  whole  year  next  preceding  the  election,  shall  have 
a  right  of  suffrage  in  the  election  of  delegates  for  such  county  ;  and  all 
freemen  so]  qualified  shall,  on  the  first  Monday  of  October,  seventeen 
hundred  and  seventy-seven,  and  on  the  same  day  in  every  year  there- 
after, assemble  in  the  counties  in  which  they  are  respectively  qualified  to 
vote,  [at  the  court-house  in  the  said  counties,  or  at  such  other  place  as 
the  legislature  shall  direct ;]  and,  when  assembled,  they  shall  proceed  to 
elect  [viva  voce]  four  delegates  for  their  respective  counties,  of  the  most 


164  CONSTITUTION  OF 

tvise,  sensible,  and  discreet  of  the  people,  residents  in  the  county  where 
they  are  to  be  chosen  one  whole  year  next  preceding  the  election,  above 
twentv-one  years  of  age,  [and  having  in  the  state  real  or  personal  pro- 
perty above  the  vahie  of  five  hundred  pounds  current  money ;]  and  upon 
the  final  casting  of  the  polls,  the  four  persons  who  shall  appear  to  have 
the  greatest  number  of  legal  votes  shall  be  declared  and  returned  duly 
elected  for  their  respective  county. 

3.  [That  the  sheriff  of  each  county,  or,  in  case  of  sickness,  his  deputy, 
(summoning  two  justices  of  the  county,  who  are  required  to  attend  for 
the  preservation  of  the  peace,)  shall  be  judge  of  the  election,  and  may 
adjoui-n  from  day  to  day,  if  necessary,  till  the  same  be  finished,  so  that- 
the  whole  election  shall  be  concluded  in  four  days,  and  shall  make  Ids 
return  thereof,  under  his  hand,  to  the  chancellor  of  tliis  state  for  the 
time  being.] 

4.  That  all  persons,  qualified  by  the  charter  of  the  city  of  Annapolis 
to  vote  for  burgesses,  shall,  on  the  same  first  Monday  of  October,  seven- 
teen hundred  and  seventy-seven,  and  on  the  same  day  in  every  year  for 
ever  thereafter,  elect,  [Ti'va  voce,]  by  a  majority  of  votes,  two  delegates, 
qualified  agreeable  to  the  said  charter;  [that  the  mayor,  recorder,  and 
aldermen  of  the  said  city,  or  any  three  of  them,  be  judges  of  the  election, 
appoint  the  place  in  the  said  city  for  holding  the  same,  and  may  adjourn 
from  day  to  day,  as  aforesaid ;  and  shall  make  return  thereof  as  afore- 
said ;  but  the  inhabitants  of  the  said  city  shall  not  be  entitled  to  vote  for 
delegates  for  Anne-Arundel  county,  unless  they  have  a  freehold  of  fifty 
acres  of  land  in  the  county,  distinct  from  the  city.] 

5.  That  all  persons,  inhabitants  of  Baltimore  town,  and  having  the 
same  qualifications  as  electors  in  the  county,  shall,  on  the  same  first 
Monday  of  October,  seventeen  hundred  and  seventy-seven,  and  on  the 
same  day  in  every  year  for  ever  thereafter,  [at  such  place  in  the  said 
town  as  the  judges  shall  appoint,]  elect,  [viva  voce,]  by  a  majority  of 
votes,  two  delegates,  [qualified  as  aforesaid ;]  but,  if  the  said  inhabitants 
of  the  town  shall  so  decrease,  as  that  the  number  of  persons  having  a 
right  of  suffrage  therein  shall  have  been,  for  the  space  of  seven  years  suc- 
cessively, less  than  one-half  the  number  of  voters  in  some  one  county 
in  this  state,  such  town  shall  thenceforward  cease  to  send  two  delegates 
or  representatives  to  the  house  of  delegates,  until  the  said  town  shall 
have  one-half  of  the  number  of  voters  in  some  one  county  in  this  state. 

6.  That  [the  commissioners  of  the  said  town,  or  any  three  or  more  of 
them,  for  the  time  being,  shall  be  judges  of  the  said  election,  and  may 
adjourn  as  aforesaid,  and  shall  make  return  thereof  as  aforesaid ;  but] 
the  inhabitants  of  the  said  town  shall  not  be  entitled  to  vote  for,  or  be 
elected,  delegates  for  Baltimore  county  :  neither  shall  the  inhabitants  of 
Baltimore  county,  out  of  the  limits  of  Baltimore  town,  be  entitled  to  vote 
for,  or  be  elected,  delegates  for  the  said  town. 

7.  That,  on  refusal,  death,  disqualification,  resignation,  or  removal 
out  of  this  state  of  any  delegate,  or  on  his  becoming  governor  or  mem- 
ber of  the  council,  a  warrant  of  election  shall  issue  by  the  speaker,  for  the 
election  of  another  in  his  place  ;  of  which  ten  days'  notice  at  the  least 
(excluding  the  day  of  notice  and  the  day  of  election)  shall  be  given. 

8.  That  no  less  than  a  majority  of  the  delegates,  with  their  speaker, 
(to  be  chosen  by  them  by  ballot,)  constitute  a  house  for  the  transaction 
of  any  business,  other  than  that  of  adjourning. 


MARYLAND.  165 

9.  That  the  house  of  delegates  shall  judge  of  the  elections  and  quah 
fications  of  delegates. 

10.  That  the  house  of  delegates  may  originate  all  money  bills,  pro- 
pose bills  to  the  senate,  or  receive  those  offered  by  that  body,  and  assent, 
dissent,  or  propose  amendments ;  that  they  may  inquire,  on  the  oath  of 
witnesses,  into  all  complaints,  grievances,  and  offences,  as  the  grand 
inquest  of  this  state,  and  may  commit  any  person,  for  any  crime,  to  the 
public  jail,  there  to  remain  till  he  be  discharged  by  due  course  of  law. 
They  may  expel  any  member  for  a  great  misdemeanor,  but  not  a  second 
time  for  the  same  cause.  They  may  examine  and  pass  all  accounts  of 
the  state,  relating  either  to  the  collection  or  expenditure  of  the  revenue, 
or  appoint  auditors  to  state  and  adjust  the  same.  They  may  call  for  all 
public  or  official  papers  and  records,  and  send  for  persons  whom  they 
may  judge  necessary  in  the  course  of  their  inquiries,  concerning  affairs 
relating  to  the  public  interest ;  and  may  direct  all  office  bonds  (which 
shall  be  made  payable  to  the  state)  to  be  sued  for  any  breach  of  duty. 

11.  That  the  senate  may  be  at  full  and  perfect  liberty  to  exercise 
their  judgment  in  passing  laws ;  and  that  they  may  not  be  compelled  by 
the  house  of  delegates,  either  to  reject  a  money  bill,  which  the  emer- 
gency of  affairs  may  require,  or  to  assent  to  some  other  act  of  legisla- 
tion, in  their  conscience  and  judgment  injurious  to  the  public  welfare, 
the  house  of  delegates  shall  not,  on  any  occasion,  or  under  any  pre- 
tence, annex  to,  or  blend  with,  a  money  bill,  any  matter,  clause,  or  thing 
not  immediately  relating  to,  and  necessary  for  the  imposing,  assessing, 
levying,  or  applying  the  taxes  or  supplies  to  be  raised  for  the  support  of 
government,  or  the  current  expenses  of  the  state ;  and  to  prevent  alter- 
cation about  such  bills,  it  is  declared,  that  no  bill  imposing  duties  or 
customs  for  the  mere  regulation  of  commerce,  or  inflicting  fines  for  the 
reformation  of  morals,  or  to  enforce  the  execution  of  the  laws,  by  which 
an  incidental  revenue  may  arise,  shall  be  accounted  a  money  bill ;  but 
every  bill  assessing,  levying,  or  applying  taxes  or  supplies  for  the  support 
of  government  or  the  current  expenses  of  the  state,  or  appropriating 
money  in  the  treasury,  shall  be  deemed  a  money  bill. 

12.  That  the  house  of  delegates  may  punish,  by  imprisonment,  any 
person  who  shall  be  guilty  of  a  contempt,  in  their  view,  by  any  disor- 
derly or  riotous  behaviour,  or  by  threats  to,  or  abuse  of  their  members, 
or  by  any  obstruction  to  their  proceedings.  They  may  also  punish,  by 
imprisonment,  any  person  who  shall  be  guilty  of  a  breach  of  privilege, 
by  arresting  on  civil  process,  or  by  assaulting  any  of  their  members, 
during  their  sitting,  or  on  their  way  to,  or  return  from,  the  house  of 
delegates,  or  by  any  assault  of,  or  obstruction  to  their  officers,  in  the 
execution  of  any  order  or  process,  or  by  assaulting  or  obstructing  any 
witness,  or  any  other  person,  attending  on,  or  on  their  way  to  or  from 
the  house,  or  by  rescuing  any  person  committed  by  the  house  ;  and  the 
senate  may  exercise  the  same  power  in  similar  cases. 

13.  That  the  treasurers  (one  for  the  western,  and  another  for  the 
eastern  shore)  and  the  commissioners  of  the  loan  office,  may  be  appointed 
by  the  house  of  delegates,  during  their  pleasure ;  and,  in  case  of  a  re- 
fusal, death,  resignation,  disqualification,  or  removal  out  of  the  state,  of 
any  of  the  said  commissioners  or  treasurers,  in  the  recess  of  the  general 
assembly,  the  governor,  with  the  advice  of  the  council,  may  appoint  and 


166  CONSTITUTION    OF 

commission  a  fit  and  proper  person  to  such  vacant  office,  to  hold  the 
same  until  the  meeting  of  the  next  general  assembly. 

14.  That  the  senate  be  chosen  in  the  following  manner:  all  persons 
qualified  [as  aforesaid]  to  vote  for  county  delegates,  shall,  on  the  first 
Monday  of  September,  1781,  and  on  the  same  day  in  every  fifth  year 
for  ever  thereafter,  elect,  [viva  voce,]  by  a  majority  of  votes,  two  per- 
sons for  their  respective  counties  (qualified  [as  aforesaid]  to  be  elected 
county  delegates)  to  be  electors  of  the  senate :  [and  the  sheriff  of  each 
county,  or,  in  case  of  sickness,  his  deputy,  (summoning  two  justices  of 
the  county,  who  are  required  to  attend  for  the  preservation  of  peace, 
shall  hold  and  be  judge  of  the  said  election,  and  make  return  thereof, 
aforesaid.]  And  all  persons  qualified  [as  aforesaid,]  to  vote  for  delegates 
for  the  cit}"^  of  Annapolis  and  Baltimore  town,  shall,  on  the  same  first 
Monday  of  September,  1781,  and  on  the  same  day  in  every  fifth  year 
forever  thereafter,  elect,  [viva  voce,]  by  a  majority  of  votes,  one  person 
for  the  said  city  and  town  respectively,  qualified  [as  aforesaid]  to  be 
elected  a  delegate  for  the  said  city  and  town  respectively  ;  the  said  elec- 
tion to  be  held  in  the  same  manner,  as  the  election  of  delegates  for  the 
said  city  and  town  ;  the  right  to  elect  the  said  electors,  with  respect  to 
Baltimore  town,  to  continue  as  long  as  the  right  to  elect  delegates  for 
the  said  town. 

15.  That  the  said  electors  of  the  senate  meet  at  the  city  of  Annapolis, 
or  such  other  place  as  shall  be  appointed  for  convening  the  legislature, 
on  the  third  Monday  in  September,  1781,  and  on  the  same  day  in  every 
fifth  year  for  ever  thereafter ;  and  they,  or  any  twenty -four  of  them,  so 
met,  shall  proceed  to  elect,  by  ballot,  either  out  of  their  own  body,  or  the 
people  at  large,  fifteen  senators,  (nine  of  whom  to  be  residents  on  the 
western,  and  six  to  be  residents  on  the  eastern  shore,)  men  of  the  most 
wisdom,  experience,  and  virtue,  above  twenty -five  years  of  age,  residents 
of  the  state  above  three  whole  years  next  preceding  the  election,  [and 
having  therein  real  and  personal  property,  above  the  value  of  one  thou- 
sand pounds,  current  money.] 

16.  That  the  senators  shall  be  balloted  for  at  one  and  the  same  time  ; 
and  out  of  the  gentlemen,  residents  of  the  v.'^estcm  shore,  who  shall  be 
proposed  as  senators,  the  nine  who  shall,  on  striking  the  ballots,  appear 
to  have  greatest  numbers  in  their  favour,  shall  be  accordingly  declared 
and  returned  duly  elected  ;  and  out  of  the  gentlemen,  residents  on  the 
eastern  shore,  who  shall  be  proposed  as  senators,  the  six  who  shall,  on 
striking  the  ballots,  appear  to  have  the  greatest  numbers  in  their  favour, 
shall  be  accordingly  declared  and  returned  duly  elected  ;  and  if  two  or 
more,  on  the  same  shore,  shall  have  an  equal  number  of  ballots  in  thei 
favour,  by  Avhich  the  choice  shall  not  be  determined  on  the  first  ballot 
then  the  electors  shall  again  ballot  before  they  separate,  in  which  they 
shall  be  confined  to  the  persons  who  on  the  first  ballot  shall  have  had  an 
equal  number ;  and  they  who  shall  have  the  greatest  number  in  their  favour 
on  the  second  ballot,  shall  be  accordingly  declared  and  returned  duly 
elected  ;  and  if  the  whole  number  should  not  thus  be  made  up,  because 
of  an  equal  number  on  the  second  ballot  still  being  in  favour  of  two  or 
more  persons,  then  the  election  shall  be  determined  by  lot  between  those 
who  have  equal  numbers ;  which  proceedings  of  the  electors  shall  be  cer- 
tified under  their  hands,  and  returned  to  the  chancellor  for  the  time  being 


MARYLAND.  1^ 

17.  That  the  electors  of  senators  shall  judge  of  the  qualifications  and 
elections  of  members  of  their  body ;  and  on  a  contested  election  shall  ad 
mit  to  a  seat,  as  an  elector,  such  qualified  person  as  shall  appear  to  theiB 
to  have  the  greatest  number  of  legal  votes  in  his  favour. 

18.  That  the  electors,  immediately  on  their  meeting,  and  before  they 
proceed  to  the  election  of  senators,  take  such  oath  of  support  and  fidelity 
to  this  state  as  this  convention  or  the  legislature  shall  direct,  and  also 
an  oath  "  to  elect  without  favour,  affection,  partiality,  or  prejudice,  such 
persons  for  senators  as  they  in  their  judgment  and  conscience  believe 
best  qualified  for  the  office.*' 

19.  That,  in  case  of  refusal,  death,  resignation,  disqualification,  or  re- 
moval out  of  this  state  of  any  senator,  or  on  his  becoming  governor,  or  a 
member  of  the  council,  the  senate  shall,  immediately  thereupon,  or  at 
their  next  meeting  thereafter,  elect  by  ballot  (in  the  same  manner  as 
the  electors  are  above  directed  to  choose  senators)  another  in  his  place, 
for  the  residue  of  the  said  terra  of  five  years. 

20.  That  not  less  than  the  majority  of  the  senate,  with  their  president, 
"(to  be  chosen  by  them  by  ballot,)  shall  constitute  a  house  for  the  trans- 
acting any  business  other  than  that  of  adjourning. 

21.  That  the  senate  shall  judge  of  the  elections  and  quaUfication  of 
senators. 

22.  Tliat  the  senate  may  originate  any  other,  except  money-bills  tc 
which  their  assent  or  dissent  only  shall  be  ^ven :  and  may  receive  any 
other  bills  from  the  house  of  delegates,  and  assent,  dissent,  or  propose 
amendments. 

23.  That  the  general  assembly  meet  annually  [oh  the  first  Monday 
of  November,]  and,  if  necessary,  oftener. 

24.  That  each  house  shall  appoint  its  own  officers,  and  settle  its  o\vn 
rules  of  proceeding. 

25.  That  a  person  of  wisdom,  experience,  and  virtue  shall  be  chosen 
governor,  [on  the  second  Monday  of  November,  seventeen  hundred  and 
seventy-seven,  and  on  the  second  Monday  in  every  year  for  ever  there- 
after,] by  the  joint  ballot  of  both  houses,  (to  be  taken  in  each  house  re- 
spectively,) deposited  in  a  conference  room,  the  boxes  to  be  examined  by 
a  joint  committee  of  both  houses,  and  the  numbers  severally  reported, 
tliat  the  appointment  may  be  entered  ;  which  mode  of  taking  the  jomt 
ballot  of  both  houses  shall  be  adopted  in  all  cases.  But  if  two  or  more 
shall  have  an  equal  number  of  ballots  in  their  favour,  by  which  the 
choice  shall  not  be  determined  on  the  first  ballot,  then  a  second  ballot 
shall  be  taken,  which  shall  be  confined  to  the  persons  who  on  the  first 
ballot  shall  have  an  equal  number  ;  and  if  the  ballots  should  again  be 
equal  between  two  or  more  persons,  then  the  election  of  the  governor 
shall  be  determined  by  lot  between  those  who  have  equal  numbers  ;  and 
if  the  person  chosen  governor,  shall  die,  resign,  remove  out  of  the  state, 
or  refuse  to  act,  (sitting  the  general  assembly,)  the  senate  and  house  of 
delegates  shall  immediately  thereupon  proceed  to  a  new  choice,  in  man- 
ner aforesaid. 

26.  That  the  senators  and  delegates,  [on  the  second  Tuesday  of  No- 
\  ember,  seventeen  hundred  and  seventy-seven,  and  annually  on  the 
second  Tuesday  of  November,  for  ever  thereafter,]  elect  by  joint  bailee 
(in  the  same  manner  as  senators  are  directed  to  be  chosen)  five  of  the 
most  seiwible,  discreet,  and  experienced  men,  above  twenty-five  years  of 


168  CONSTITUTION  OF 

age,  residents  in  the  state  above  three  years  next  preceding  the  election, 
[and  having  therein  a  freehold  of  lands  and  tenements,  above  the  value 
Df  one  thousand  pounds  current  money,]  to  be  the  council  to  the  gover- 
nor, whose  proceedings  shall  be  always  entered  on  record,  to  any  part 
whereof  any  member  may  enter  his  dissent ;  and  their  advice,  if  so  re- 
quired by  the  governor,  or  any  member  or  the  council,  shall  be  given 
in  writing,  and  signed  by  the  members  giving  the  same  respectively ; 
which  proceedings  of  the  council  shall  be  laid  before  the  senate  or  house 
of  delegates,  when  called  for  by  them  or  either  of  them.  The  council 
may  appoint  their  own  clerk,  who  shall  take  such  oath  of  support  and 
fidelity  to  this  state,  as  this  convention,  or  the  legislature,  shall  direct ; 
and  of  secrecy,  in  such  matters  as  he  shall  be  directed  by  the  board  to 
keep  secret. 

27.  [That  the  delegates  to  congress  from  this  state  shall  be  chosen 
annually,  or  be  superseded  in  the  mean  time,  by  the  joint  ballot  of  both 
houses  of  assembly  ;  and  that  there  be  a  rotation  in  such  manner,  that  at 
least  two  of  the  number  be  annually  changed  ;  and  no  person  shall  be 
capable  of  being  a  delegate  to  congress  for  more  than  three  in  any 
term  of  six  years ;  and  no  person  who  holds  any  office  of  profit  in  the 
gift  of  congress,  shall  be  eligible  to  sit  in  congress ;  but  if  appointed  to 
any  such  office,  his  seat  shall  be  thereby  vacated.  That  no  person,  un- 
less above  twenty-five  years  of  age,  and  a  resident  in  the  state  more  than 
five  years  next  preceding  the  election,  and  having  real  and  personal  estate 
in  this  state  above  the  value  of  one  thousand  pounds  current  money,  shall 
be  eligible  to  sit  in  congress.] 

28.  That  the  senators  and  delegates,  immediately  on  their  annual 
meeting,  and  before  they  proceed  to  any  business,  and  every  person  here- 
after elected  a  senator  or  delegate,  before  he  acts  as  such,  shall  take  an 
oath  of  support  and  fidelity  to  this  state,  as  aforesaid  ;  and  before  the 
election  of  a  governor,  or  members  of  the  council,  shall  take  an  oath, "  to 
elect  without  favour,  affection,  partiaUty,  or  prejudice,  such  person  as 
governor,  or  member  of  the  council,  as  they,  in  their  judgment  and  con- 
science, believe  best  qualified  for  the  office." 

29.  That  the  senate  and  delegates  may  adjourn  themselves  respec- 
tively ;  but  if  the  two  houses  shall  not  agree  on  the  same  time,  but  ad- 
journ to  different  days,  then  shall  the  governor  appoint  and  notify  one 
of  those  days,  or  some  day  between  ;  and  the  assembly  shall  then  meet 
and  be  held  accordingly  :  and  he  shall,  if  necessary,  by  advice  of  the 
council,  call  them  before  the  time  to  which  they  shall  in  any  manner  be 
adjourned,  on  giving  not  less  than  ten  days'  notice  thereof:  but  the  gover- 
nor shall  not  adjourn  the  assembly,  otherwise  than  as  aforesaid,  nor  pro- 
rogue nor  dissolve  it  at  any  time. 

30.  That  no  person,  unless  above  twenty-five  years  of  age,  a  resident 
in  this  state  above  five  years  next  preceding  the  election,  [and  having  in 
the  state  real  and  personal  property  above  the  value  of  five  thousand 
pounds  current  money  (one  thousand  pounds  whereof,  at  least,  to  be  of 
freehold  estate)]  shall  be  eligible  as  governor. 

31.  That  the  governor  shall  not  continue  in  that  office  longer  than 
three  years  successively,  nor  be  eligible  as  governor  until  the  expiration 
of  four  years  after  he  shall  have  been  out  of  that  office. 

32.  That  upon  the  death,  resignation,  or  removal  out  of  this  state  of 
the  governor,  the  first  named  of  the  council,  for  the  time  being,  shall  ac^ 


MARYLAND  109 

as  governor,  and  qualify  in  the  same  manner,  [and  shall  immediately 
call  a  meeting  of]  the  general  assembly,  [giving  not  less  than  fourteen 
day's  notice  of  the  meeting  ;  at  which]  meeting  a  governor  shall  be  ap- 
pointed, in  manner  aforesaid,  for  the  residue  of  the  year. 

33.  That  the  governor,  by  and  with  the  advice  and  consent  of  the 
council,  may  embody  the  militia ;  and,  when  embodied,  shall  alone  have 
the  direction  thereof;  and  shall  also  have  the  direction  of  all  the  regular 
land  and  sea  forces,  under  the  laws  of  this  state,  (but  he  shall  not  com- 
mand in  person,  unless  advised  thereto  by  the  council,  and  then  only  so 
long  as  they  shall  approve  thereof ;)  and  may  alone  exercise  all  other  the 
executive  powers  of  government,  where  the  concurrence  of  the  council  is 
not  required,  according  to  the  laws  of  this  state,  and  grant  reprieves  or 
pardons,  for  any  crime,  except  in  such  cases  where  the  law  shall  other- 
wise direct ;  [and  may,  during  the  recess  of  the  general  assembly,  lay 
embargoes  to  prevent  the  departure  of  any  shipping,  or  the  exportation 
of  any  commodities,  for  any  time  not  exceeding  thirty  days  in  any  one 
year,  summoning  the  general  assembly  to  meet  within  the  time  of  the 
continuance  of  such  embargo ;]  and  may  also  order  and  compel  any  ves- 
sel to  ride  quarantine,  if  such  vessel,  or  the  port  from  which  she  shall 
have  come,  shall,  on  strong  grounds,  be  suspected  to  be  infected  with  the 
plague  ;  but  the  governor  shall  not,  under  any  pretence,  exercise  any 
power  or  prerogative,  by  virtue  of  any  law,  statute,  or  custom  of  England 
or  Great  Britain. 

34.  That  the  members  of  the  council,  or  any  three  or  more  of  them, 
when  convened,  shall  constitute  a  board  for  the  transacting  of  business  ; 
that  the  governor,  for  the  time  being,  shall  preside  in  the  council,  and 
be  entitled  to  a  vote  on  all  questions  in  which  they  shall  be  divided  in 
opinion  ;  and  in  the  absence  of  the  governor,  the  first  named  of  the  coun- 
cil shall  preside,  and,  as  such,  shall  also  vote  in  all  cases  where  the  other 
members  disagree  in  their  opinion. 

35.  That,  in  cases  of  refusal,  death,  resignation,  disqualification,  or 
removal  out  of  the  state,  by  any  person  chosen  a  member  of  the  council, 
the  members  thereof,  immediately  thereupon,  or  at  their  next  meeting 
thereafter,  shall  elect,  by  ballot,  another  person,  (qualified  [as  aforesaid]) 
in  his  place,  for  the  residue  of  the  year. 

36.  That  the  council  shall  have  power  to  make  the  great  seal  of  this 
state,  which  shall  be  kept  by  the  chancellor  for  the  time  being,  and  affixed 
to  all  laws,  commissions,  grants,  and  other  pubUc  testimonials,  as  has 
been  heretofore  practised  in  this  state. 

37.  That  no  senator,  delegate  of  the  assembly,  or  member  of  the 
council,  if  he  shall  qualify  as  such,  shall  hold  or  execute  any  office  of 
profit,  or  receive  the  profits  of  any  office  exercised  by  any  other  person, 
during  the  time  for  which  he  shall  be  elected  ;  nor  shall  any  governor 
be  capable  of  holding  any  other  office  of  profit  in  this  state,  while  he 
acts  as  such  ;  and  no  person,  holding  a  place  of  profit,  or  receiving  any 
part  of  the  profits  thereof,  or  receiving  the  profits  arising  on  any  agency, 
for  the  supply  of  clothing  or  provisions  for  the  army  or  navy,  or  holding 
any  office  under  the  United  States,  or  any  of  them — or  a  minister,  or 
preacher  of  the  gospel,  of  any  denomination — or  any  person  employed 
in  the  regular  land  service,  or  marine,  of  this,  or  the  United  States, 
shall  have  a  seat  in  the  general  assembly,  or  in  the  council  of  this  state 

38.  That  every  governor,  senator,  delegate  to  [congress  or]  assembly 

P 


170  CONSTITUTION   OF 

and  member  of  the  council,  before  he  acts  as  such,  shall  take  an  oath, 
"  that  he  will  not  receive,  directly  or  indirectly,  at  any  time,  any  part 
of  the  profits  of  any  office  held  by  any  other  person,  during  his  acting 
in  his  office  of  governor,  senator,  delegate  to  [congress  or]  assembly,  or 
member  of  the  council,  or  the  profits,  or  any  part  of  the  profits,  arising 
on  any  agency,  for  the  supply  of  clothing  or  provisions  for  the  army  or 
navy." 

39.  That,  if  any  senator,  delegate  to  [congress  or]  assembly,  or  mem- 
ber of  the  council,  shall  hold  or  execute  any  office  of  profit,  or  receive, 
directly  or  indirectly,  at  any  time,  the  profits,  or  any  part  of  the  profits, 
of  any  office  exercised  by  any  other  person,  during  his  acting  as  senator, 
delegate  to  [congress  or]  assembly,  or  member  of  the  council — his  seat 
(on  conviction  in  a  court  of  law,  by  the  oath  of  two  credible  witnesses) 
shall  be  void ;  and  he  shall  suffer  the  punishment  for  wilful  and  corrupt 
perjury,  or  be  banished  this  state  for  ever,  or  disqualified  for  ever  from 
holding  any  office  or  place  of  trust  or  profit,  as  the  court  may  adjudge. 

40.  That  the  chancellor,  [all  judges,]  the  attorney-general,  [clerks  of 
the  general  court,]  the  clerks  of  the  county  courts,  the  registers  of  the 
land  office,  and  the  registers  of  wills,  shall  hold  their  commissions  during 
good  behaviour,  removable  only  for  misbehaviour,  on  conviction  in  a 
court  of  law. 

41.  That  there  be  a  register  of  wills  appointed  for  each  county,  who 
shall  be  commissioned  by  the  governor,  on  the  joint  recommendation 
of  the  senate  and  house  of  delegates ;  and  that,  upon  the  death,  resigrja- 
tion,  disqualification,  or  removal  out  of  the  county,  by  any  register  of 
wills,  in  the  recess  of  the  general  assembly,  the  governor,  with  the  ad- 
vice of  the  council,  may  appoint  and  commission  a  fit  and  proper  person 
to  such  vacant  office,  to  hold  the  same  until  the  meeting  of  the  general 
assembly. 

42.  That  sheriffs  shall  be  elected  in  each  county,  by  ballot,  every 
third  year ;  that  is  to  say,  two  persons  for  the  office  of  sheriff  for  each 
county,  the  one  of  whom  having  the  majority  of  the  votes,  or  if  both 
have  an  equal  number,  either  of  them,  at  the  discretion  of  the  governor, 
to  be  commissioned  by  the  governor,  for  the  said  office ;  and  having 
served  for  three  years,  such  person  shall  be  ineligible  for  the  four  years 
next  succeeding  ;  bond  with  security  to  be  taken  every  3'^ear  as  usual : 
and  no  sheriff  shall  be  qualified  to  act  before  the  same  be  given.  In 
case  of  death,  refusal,  resignation,  disqualification,  or  removal  out  of  the 
county,  before  the  expiration  of  the  three  years,  the  other  person,  chosen 
as  aforesaid,  shall  be  commissioned  by  the  governor,  to  execute  the  said 
office  for  the  residue  of  the  said  three  years,  the  said  person  giving  bond 
with  security  as  aforesaid ;  and,  in  case  of  his  death,  refusal,  resigna- 
tion, disqualffication,  or  removal  out  of  the  county,  before  the  expiration 
of  the  said  three  years,  the  governor,  with  the  advice  of  the  council, 
may  nominate  and  commission  a  fit  and  proper  person  to  execute  the 
said  office  for  the  residue  of  the  said  three  years,  the  said  person  giving 
bond  and  security  as  aforesaid.  The  election  shall  be  held  at  the  same 
time  and  place  appointed  for  the  election  of  delegates  ;  [and  the  justices 
there  summoned  to  attend  for  the  preservation  of  the  peace,  shall  be 
judges  thereof,  and  of  the  qualification  of  candidates,  who  shall  appoint 
a  clerk  to  take  the  ballots.  All  freemen,  above  the  age  of  twenty-one 
years,  having  a  freehold  of  fifty  acres  of  land  in  the  county  in  which 


MARYLAND.  171 

they  offer  to  ballot,  and  residing  therein — and  all  freemen,  above  the  age 
of  twenty-one  years,  and  having  property  in  the  state  above  the  value 
of  thirty  pounds  current  money,  and  having  resided  m  the  county  in 
wnich  they  offer  to  ballot  one  whole  year  next  preceding  the  election — 
shall  have  a  right  of  suffrage.]  No  person  to  be  eligible  to  the  office  of 
sheriff  for  a  county,  but  an  inhabitant  of  the  said  county,  above  the  age 
of  twenty-one  years,  [and  having  real  and  personal  property  in  the  state 
above  the  value  of  one  thousand  pounds,  current  money.]  The  justices 
[aforesaid]  shall  examine  the  ballots  ;  and  the  two  candidates  properly 
qualified,  having  in  each  county  the  majority  of  legal  ballots,  shall  be 
declared  duly  elected  for  the  office  of  sheriff  for  such  county,  and  re- 
turned to  the  governor  and  council,  with  a  certificate  of  the  number  of 
ballots  for  each  of  them. 

43.  That  every  person  who  shall  offer  to  vote  for  delegates,  or  for  the 
electors  of  the  senate,  or  for  the  sheriff,  shall,  (if  required  by  any  three 
persons  qualified  to  vote,)  before  he  be  admitted  to  poll,  take  such  oath 
or  affirmation  of  support  and  fidelity  to  this  state,  as  this  convention  or 
the  legislature  shall  direct. 

44.  That  a  justice  of  the  peace  may  be  ehgible  as  a  senator,  dele- 
gate, or  member  of  the  council,  and  may  continue  to  act  as  a  justice  of 
the  peace. 

45.  [That  no  field  officer  of  the  militia  shall  be  eligible  as  a  senator, 
delegate,  or  member  of  the  council.] 

46.  That  all  civil  officers,  hereafter  to  be  appointed  for  the  several 
counties  of  this  state,  shall  have  been  residents  of  the  county  respec- 
tively for  which  they  shall  be  appointed,  six  months  next  before  their 
appointment ;  and  shall  continue  residents  of  their  county  respectively 
during  their  continuance  in  office. 

47.  The  judges  of  [the  general  court,  and  justices  of]  the  county 
courts,  may  appoint  the  clerks  of  their  respective  courts  ;  [and,  in  case 
of  refusal,  death,  resignation,  disqualification,  or  removal  out  of  the 
state,  or  from  their  respective  shores,  of  the  clerk  of  the  general  court, 
or  either  of  them,  in  the  vacation  of  the  said  court] — and,  in  case  of 
refusal,  death,  resignation,  disqualification,  or  removal  out  of  the  county, 
of  any  of  the  said  county  clerks,  in  the  vacation  of  the  county  court  of 
which  he  is  clerk — the  governor,  with  the  advice  of  the  council,  may 
appoint  and  commission  a  fit  and  proper  person  to  such  vacant  office 
respectively,  to  hold  the  same  until  the  meeting  of  the  next  [general 
court,  or]  county  court,  as  the  case  may  be. 

48.  That  the  governor  for  the  time  being,  with  the  advice  and  con- 
sent of  the  council,  may  appoint  the  chancellor,  and  all  judges  and  jus- 
tices, the  attorney-general,  [naval  officers,]  officers  in  the  regular  land 
and  sea  service,  officers  of  the  militia,  registers  of  the  land  office,  sur- 
veyors, and  all  other  civil  officers  of  government,  (assessors,  constables, 
and  overseers  of  the  roads,  only  excepted,)  and  may  also  suspend  or  re- 
move any  civil  officer,  who  has  not  a  commission  during  good  behaviour ; 
and  may  suspend  any  militia  officer  for  one  month ;  and  may  also  sus- 
pend or  remove  any  regular  officer  in  the  land  or  sea  service  ;  and  the 
governor  may  remove  or  suspend  any  militia  officer,  in  pursuance  of  the 
judgment  of  a  court-martial. 

49.  That  all  civil  officers,  of  the  appointment  of  the  governor  and 
council,  who  do  not  hold  commissions  during  good  behaviour,  shall  be 


172  CONSTITUTION    OF 

appointed  annually  [in  the  third  week  of  November.]  But,  if  any  ol 
them  shall  be  reappointed,  they  may  continue  to  act  without  any  new 
commission  or  qualification ;  and  every  officer,  though  not  reappointed, 
shall  continue  to  act  until  the  person  who  shall  be  appointed  and  com- 
missioned in  his  stead  shall  be  quaUfied. 

50.  That  the  governor,  every  member  of  the  council,  and  every  judge 
and  justice,  before  they  act  as  such,  shall  respectively  take  an  oath 
"  that  he  will  not,  through  favour,  affection,  or  partiality,  vote  for  any 
person  to  office,  and  that  he  will  vote  for  such  person  as  in  his  judgment 
and  conscience  he  believes  most  fit  and  best  qualified  for  the  office  :  and 
that  he  has  not  made,  nor  will  make,  any  promise  or  engagement  to  give 
his  vote  or  interest  in  favour  of  any  person." 

51.  That  there  be  two  registers  of  the  land  office,  one  upon  the  west- 
em,  and  the  other  upon  the  eastern  shore  ;  that  short  extracts  of  the 
grants  and  certificates  of  the  land  on  the  western  and  eastern  shores 
respectively  be  made  in  separate  books,  at  the  public  expense,  and  de- 
posited in  the  offices  of  the  said  registers,  in  such  manner  as  shall  here- 
after be  provided  by  the  general  assembly. 

62.  That  every  chancellor,  judge,  register  of  wills,  commissioner  of 
the  loan  office,  attorney-general,  sheriff,  treasurer,  [naval  officer,]  regis- 
ter of  the  land  office,  register  of  the  chancery  court,  and  every  clerk  of 
the  common  law  courts,  surveyor,  and  auditor  of  the  pubUc  accounts, 
before  he  acts  as  such,  shall  take  an  oath,  "  that  he  will  not,  directly  or 

indirectly,  receive  any  fee  or  reward  for  doing  his  office  of ,  but 

what  is,  or  shall  be,  allowed  by  law  ;  nor  will,  directly  or  indirectly, 
receive  the  profits  or  any  parts  of  the  profits  of  any  office  held  by  any 
person ;  and  that  he  does  not  hold  the  same  office  in  trust,  or  for  the 
benefit  of  any  other  person." 

53.  That,  if  any  governor,  chancellor,  judge,  register  of  wills,  attor- 
ney-general, register  of  the  land  office,  commissioners  of  the  loan  office, 
register  of  the  chancery  court,  or  any  clerk  of  the  common  law  courts, 
treasurer,  [naval  officer,]  sheriff,  surveyor,  or  auditor  of  public  accounts, 
shall  receive,  directly  or  indirectly,  at  any  time,  the  profits  or  any  parts 
of  the  profits  of  any  office,  held  by  any  other  person,  during  his  acting 
in  the  office  to  which  he  is  appointed,  his  election,  appointment,  and 
commission,  (on  conviction  in  a  court  of  law,  by  the  oath  of  two  credi- 
ble witnesses,)  shall  be  void,  and  he  shall  suffer  the  punishment  for  wil- 
ful and  corrupt  perjury,  or  be  banished  this  state  for  ever,  or  disqualified 
for  ever  from  holding  any  office  or  place  of  trust  or  profit,  as  the  court 
may  adjudge. 

54.  That,  if  any  person  shall  give  any  bribe,  present,  or  reward,  or 
any  promise,  or  any  security  for  the  payment  or  delivery  of  any  money, 
or  any  other  thing,  to  obtain  or  procure  a  vote,  to  be  governor,  senator, 
delegate  to  [congress  or]  assembly,  member  of  the  council,  or  judge,  or 
to  be  appointed  to  any  one  of  the  said  offices,  or  to  any  office  of  profit 
or  trust,  now  created,  or  hereafter  to  be  created,  in  this  state — the  per- 
son giving,  and  the  person  receiving  the  same,  (on  conviction  in  a  court 
of  law,)  shall  be  for  ever  disqualified  to  hold  any  office  of  trust  or  profit 
in  this  state. 

55.  That  every  person  appointed  to  any  office  of  profit  or  trust,  shall, 
before  he  enters  on  the  execution  thereof,  take  the  following  oath,  to 
wit :  "  I,  A.  B.,  do  swear,  that  I  do  not  hold  myself  bound  in  allegiance 


M  A  R  Y  L  AN  D.  173 

to  the  king  of  Great  Britain,  and  that  I  will  be  faithful,  and  bear  true 
allegiance,  to  the  state  of  Maryland;"  and  shall  also  subscribe  a  declara- 
tion of  his  belief  in  the  Christian  religion. 

58.  That  there  be  a  court  of  appeals,  composed  of  persons  of  inte- 
grity and  sound  Judgment  in  the  law,  whose  judgment  shall  be  final  and 
conclusive  in  all  cases  of  appeal  [from  the  general  court  of  chancery, 
and  court  of  admiralty :]  that  one  person  of  integrity  and  sound  judg- 
ment in  the  law  be  appointed  chancellor :  [that  three  persons  of  inte- 
grity and  sound  judgment  in  the  law  be  appointed  judges  of  the  court 
now  called  the  provincial  court :  and  that  the  same  court  be  hereafter 
called  and  known  by  the  name  of  the  general  court :  which  court  shall 
sit  on  the  western  and  eastern  shores,  for  transacting  and  determining 
the  business  of  the  respective  shores,  at  such  times  and  places  as  the 
future  legislature  of  this  state  shall  direct  and  appoint.] 

67.  That  the  style  of  all  laws  run  thus  :  "  Be  it  enacted  by  the  general 
assembly  of  Maryland  ;"  that  all  public  commissions  and  grants  run 
thus  :  "  The  state  of  Maryland,"  &c.  and  shall  be  signed  by  the  go- 
vernor, and  attested  by  the  chancellor,  with  the  seal  of  the  state  an- 
nexed— except  military  and  militia  commissions,  which  shall  not  be 
attested  by  the  chancellor,  or  have  the  seal  of  the  state  annexed  ;  that 
all  writs  shall  run  in  the  same  style,  and  be  tested,  sealed,  and  signed 
as  usual ;  that  all  indictments  shall  conclude,  "  against  the  peace,  govern- 
ment, and  dignity  of  the  state." 

58.  That  all  penalties  and  forfeitures,  heretofore  going  to  the  king  or 
proprietary,  shall  go  to  the  state — save  only  such  as  the  general  assem- 
bly may  abolish  or  otherwise  provide  for. 

59.  That  this  form  of  government,  and  the  declaration  of  rights,  and 
no  part  thereof,  shall  be  altered,  changed,  or  aboUshed,  unless  a  bill  so 
to  alter,  change,  or  abolish  the  same,  shall  pass  the  general  assembly, 
and  be  published  at  least  three  months  before  a  new  election,  and  shall 
be  confirmed  by  the  general  assembly,  after  a  new  election  of  delegates, 
in  the  first  session  after  such  new  election  :  Provided,  tbat  nothing  in 
this  form  of  government,  which  relates  to  the  eastern  shore  particularly, 
shall  at  any  time  hereaifter  be  altered,  unless  for  the  alteration  and  con- 
firmation thereof,  at  least  two-thirds  of  all  the  members  of  each  branch 
of  the  general  assembly  shall  concur. 

60.  'I'hat  every  bill  passed  by  the  general  assembly,  when  engrossed, 
shall  be  presented  by  the  speaker  of  the  house  of  delegates,  in  the 
senate,  to  the  governor  for  the  time  being,  who  shall  sign  the  same, 
and  thereto  affix  the  great  seal,  in  the  presence  of  the  members  of  both 
houses :  every  law  shall  be  recorded  [in  the  general  court  office  of  the 
western  shore,]  and  in  due  time  printed,  published,  and  certified  under 
the  great  seal,  to  the  several  county  courts,  in  the  same  manner  as  hath 
been  heretofore  used  in  this  state. 

This  form  of  government  was  assented  to,  and  passed  in  convention 
of  the  delegates  of  the  freemen  of  Maryland,  begun  and  held  at  the 
city  of  Annapolis,  the  14th  day  of  August,  A.  D.  1776. 
By  order  of  the  Convention : 

M.  TILGHMAN,  President. 
p2 


174  CONSTITUTION   OF 


AMENDMENTS, 

TO    THE    CONSTITUTION    OF    MAnfLAITD. 

Art.  1.  Be  it  enacted  by  the  general  assembly  of  Maryland,  [That  all 
those  parts  of  the  constitution  and  fomi  of  government,  that  prevent  a 
citizen  conscientiously  scrupulous  of  taking  an  oath  in  any  case,  and 
who  are  permitted  by  the  constitution  to  affirm  in  certain  cases,  from 
taking  a  seat  in  the  legislature,  or  from  being  an  elector  of  the  senate 
Avithout  taking  an  oath  of  support  to  this  government,  shall  be,  and 
hereby  are  repealed,  abrogated,  and  made  null  and  void  ;  and  hereafter  a 
solemn  affirmation  or  declaration  of  support  to  this  government,  may 
be  taken  and  shall  be  received  instead  of  an  oath,  by  any  citizen  chosen 
a  delegate  or  elector  of  the  senate,  conscientiously  scrupulous  of  taking 
an  oath  in  any  case,  and  who  is  permitted  by  the  constitution  to  atlirm 
in  certain  cases.] — Passed  November,  1788,  ch.  42 — confirmed  1789, 
ch.  1. 

2.  That  no  member  of  congress,  or  person  holding  any  office  of  trust, 
or  profit,  under  the  United  States,  shall  be  capable  of  having  a  seat  in 
the  general  assembly,  or  being  an  elector  of  the  senate,  or  holding  any 
office  of  trust,  or  profit  under  this  state ;  and  if  any  member  of  the 
general  assembly,  elector  of  the  senate,  or  person  holding  any  office  of 
trust  or  profit  under  this  state,  shall  take  his  seat  in  congress,  or  ac- 
cept of  any  office  of  trust  or  profit  under  the  United  States,  or  being 
elected  to  congress,  or  appointed  to  any  office  of  trust  or  profit  under 
the  United  States,  not  maJvC  his  resignation  of  his  seat  in  congress,  or 
of  his  office,  as  the  case  may  be,  within  thirty  days  after  notice  of  his 
election  or  appointment  to  othce,  as  aforesaid,  his  seat  in  the  legislature 
of  this  state,  or  as  elector  of  the  senate,  or  of  his  office  held  under  this 
state  as  aforesaid,  shall  be  void  :  Provided,  that  no  person  who  is  now  or 
may  be  at  any  time  when  this  act  becomes  part  of  the  constitution,  a 
member  both  of  congress  and  of  the  legislature  of  the  state,  or  who 
now  holds,  or  may  hold,  at  the  time  when  this  act  becomes  part  of 
the  constitution,  an  oliice  as  aforesaid,  both  under  this  state  and  the 
United  States,  shall  be  affected  by  this  act,  if,  within  fifteen  days  after 
the  same  shall  become  part  of  the  constitution,  he  shall  resign  his  seat 
in  congress,  or  his  offxe  held  under  the  United  States. — Passed  1791, 
ch.  80 — confirmed  1792,  ch.  22. 

3.  That  every  person,  being  a  member  of  either  of  the  religious  sects 
or  societies  called  Quakers,  Menonists,  Tunkers,  or  Nicolites,  or  New 
Quakers,  and  who  shall  be  conscientiously  scrupulous  of  taking  an  oath 
on  any  occasion,  being  otherwise  qualified  and  duly  elected  a  senator, 
delegate,  or  elector  of  the  senate,  or  being  otherwise  qualified  and  duly 
appointed  or  elected  to  any  office  of  profit  or  trust,  on  making  affirma 
tion  instead  of  taking  the  several  oaths  appointed  by  the  constitution 
and  form  of  government,  and  the  several  acts  of  assembly  of  this  state 
now  in  force,  or  that  hereafter  may  be  made,  such  person  may  hold  and 
exercise  any  office  of  profit  or  trust  to  which  he  may  be  appointed  oi 
elected,  and  may,  by  such  affirmation,  qualify  himself  to  take  a  seat  in 


MARYLAND  175 

the  legislature,  and  to  act  therein  as  a  member  of  the  same  in  all  cases 
whatever,  or  to  be  an  elector  of  the  senate,  in  as  full  and  ample  a  man- 
ner, to  all  intents  and  purposes  whatever,  as  persons  are  now  competent 
and  qualified  to  act,  who  are  not  conscientiously  scrupulous  of  taking 
such  oaths. — Passed,  1794,  ch.  49 — confirmed  1795,  ch.  11. 

4.  [That  the  mayor  and  second  branch  of  the  city  council  of  the  city 
of  Baltimore,  or  any  three  or  more  of  them,  for  the  time  being,  shall 
be  judges  of  the  elections  for  delegates  of  the  city  of  Baltimore,  and  for 
elector  of  the  senate,  and  shall  have  and  exercise  all  the  rights  and  au- 
thorities respecting  such  elections,  which  were  vested  in  the  commis- 
sioners of  Baltimore  town,  in  virtue  of  the  constitution  and  form  of  go- 
vernment.]— Passed  1797,  ch.  57 — confirmed  1798,  ch.  2. 

5.  That  the  people  called  Quakers,  those  called  Nicolites,  or  New 
Quakers,  those  called  Tunkers,  and  those  called  Menonists,  holding  it 
unlawful  to  take  an  oath  on  any  occasion,  shall  be  allowed  to  make  their 
solemn  afiirmation  as  witnesses,  in  the  manner  that  Quakers  have  been 
heretofore  allowed  to  affirm,  which  affirmation  shall  be  of  the  same  avail 
as  an  oath,  to  all  intents  and  purposes  whatever. 

§  2.  Before  any  of  the  persons  aforesaid  shall  be  admitted  as  a  wit- 
ness in  any  court  of  justice  in  this  state,  the  court  shall  be  satisfied,  by 
such  testimony  as  they  may  require,  that  such  person  is  one  of  those 
who  profess  to  be  conscientiously  scrupulous  of  taking  an  oath. — Passed 
1797,  ch.  118— confirmed  1798,  ch.  83. 

Akt.  6.  That  the  several  counties  of  this  state,  for  the  purpose  of 
holding  all  future  elections  for  delegates,  electors  of  the  senate,  and  she- 
rilTs  of  the  several  counties,  shall  be  divided  into  separate  districts,  in  the 
manner  hereinafter  directed,  viz.  St.  Mary's  county  shall  be  divided  and 
laid  off  into  [three]  separate  districts  ;  Kent  county  shall  be  divided  and 
laid  off  into  three  separate  districts ;  Calvert  county  shall  be  divided  and 
laid  off  into  three  separate  districts ;  Charles  county  shall  be  divided 
and  laid  off  into  four  separate  districts ;  Talbot  county  shall  be  divided 
and  laid  off  into  four  separate  districts  ;  Somerset  county  shall  be  divided 
and  laid  off  into  three  separate  districts  ;  Dorchester  county  shall  be  di- 
vided and  laid  off  into  three  separate  districts ;  Cecil  county  shall  be  di- 
vided and  laid  off  into  four  separate  districts  ;  Prince  George's  county  shal 
be  divided  and  laid  off  into  five  separate  districts ;  Queen  Anne's  county 
shall  be  divided  and  laid  oft'  into  three  separate  districts  ;  Worcester 
county  shall  be  divided  and  laid  off  into  five  separate  districts  ;  Frederick 
county  shall  be  divided  and  laid  off  into  [seven]  separate  districts ;  Har- 
ford county  shall  be  divided  and  laid  oft'  into  five  separate  districts ; 
Caroline  county  shall  be  divided  and  laid  off  into  three  separate  districts  ; 
Washington  county  shall  be  divided  and  laid  off  into  five  separate  dis- 
tricts ;  Montgomery  county  shall  be  divided  and  laid  off  into  five  separate 
districts  ;  Alleghany  county  shall  be  divided  and  laid  off  into  six  separate 
districts  ;  Anne-Arundel  county,  including  the  city  of  Annapolis,  shall 
be  divided  and  laid  off  into  five  separate  districts ;  Baltimore  county,  out  of 
the  limits  of  the  city  of  Baltimore,  shall  be  divided  and  laid  off  into  seven 
districts ;  and  that  the  city  of  Baltimore  shall  be  laid  oft' into  eight  districts. 

§  2.  All  and  every  part  of  the  constitution  and  form  of  government, 
relating  to  the  judges,  time,  place,  and  manner  of  holding  elections  in 
the  city  of  Baltimore,  and  all  and  every  part  of  the  second,  third,  fifth, 
fourteenth,  and  forty-second  sections  of  the  constitution  and  form  of  go- 


176  CONSTITUTION    OF 

vemment  of  this  state,  which  relate  to  the  judges,  place,  time,  and  man- 
ner of  holding  the  several  elections  for  delegates,  electors  of  the  senate, 
and  the  sheriffs  of  the  several  counties,  he,  and  the  same  are  hereby, 
abrogated,  repealed,  and  annulled,  and  the  same  shall  hereafter  be  regu 
lated  by  law. — Passed  1798,  ch.  115 — confirmed  1799,  ch.  48. 

AnT.  7.  [That  every  free  white  male  citizen  of  this  state,  and  no 
other,  above  twenty  years  of  age,  having  resided  twelve  months  in  the 
county  next  preceding  the  election  at  which  he  offers  to  vote,  and  every 
free  white  male  citizen  of  this  state  above  twenty-one  years  of  age,  and 
having  obtained  a  residence  of  twelve  months  next  preceding  the  elec- 
tion, in  the  city  of  Baltimore,  or  the  city  of  Annapolis,  and  at  which  he 
offers  to  vote,  shall  have  a  right  of  suffrage,  and  shall  vote  by  ballot,  in 
the  election  of  such  county  or  city,  or  either  of  them  ;  for  delegates  to 
tlie  general  assembly,  electors  of  the  senate,  and  sheriil's.] — Passed  1801, 
ch.  90 — confinned  1802,  ch.  20. 

8.  That  Frederick  covnity  shall  be  divided  and  laid  off  into  nine  se- 
parate districts.— Passed  1802,  ch.  82.— confirmed  1803,  ch.  19. 

9.  That  this  st^ite  shall  be  divided  into  six  judicial  districts,  in  manner 
and  form  following,  to  wit :  St.  Mary's,  Charles,  and  Prince  George's 

~  counties,  shall  be  the  first  district ;  Cecil,  Kent,  Queen  Anne's,  and  Tal- 
bot counties,  shall  be  the  second  district ;  Calvert,  Anne-Arundel,  and 
Montgomery  counties,  shall  be  the  third  district ;  Caroline,  Dorchester, 
Somerset,  and  Worcester  counties,  shall  be  the  fourth  district ;  Fre- 
derick, Washington,  and  Alleghany  counties,  shall  be  the  fifth  district ; 
Baltimore  and  Hartford  counties,  shall  be  the  sixth  district ;  and  there 
sliall  be  appointed  for  each  of  the  said  judicial  districts,  three  persons 
of  integrity  and  sound  legal  knowledge,  residents  of  the  state  of  Mary- 
land, who  shall,  previous  to,  and  during  their  acting  as  judges,  reside  in 
the  district  for  which  they  shall  respectively  be  appointed,  one  of  whom 
shall  be  styled  in  the  commission  chief-judge,  and  the  other  two,  associate- 
judges  of  the  district  for  which  they  shall  be  appointed ;  and  the  chief- 
judge  together  with  the  two  associate-judges,  shall  compose  the  county 
courts  in  each  respective  district ;  and  each  judge  shall  hold  his  com- 
mission during  good  behaviour  ;  removal  for  misbehaviour,  on  convic- 
tion in  a  court  of  law,  or  shall  be  removed  by  the  governor,  upon  the 
address  of  the  general  assembly,  provided  that  two-thirds  of  the  members 
of  each  house  concur  in  such  address  ;  and  the  county  courts,  so  as  afore- 
said established,  shall  have,  hold,  and  exercise,  in  the  several  counties  of 
this  state,  all  and  every  the  powers,  authorities,  and  jurisdictions,  which 
the  county  courts  of  this  state  now  have,  use,  and  exercise,  and  which 
shall  be  hereafter  prescribed  by  law ;  and  the  said  county  courts  estab- 
lished by  this  act  shall  respectively  hold  their  sessions  in  the  several 
counties  at  such  times  and  places  as  the  legislature  shall  direct  and  ap- 
point ;  and  the  salaries  of  the  said  judges  shall  not  be  diminished  during 
the  period  of  their  continuance  in  office. 

§  2.  In  any  suit  or  action  at  law  hereafter  to  be  commenced  or  instituted 
in  any  county  court  of  this  state,  the  judges  thereof,  upon  suggestion  in 
writing,  by  either  of  the  parties  thereto,  supported  by  alfidavit,  or  other 
proper  evidence,  that  a  fair  and  impartial  trial  cannot  be  had  in  the 
county  court  of  the  county  where  such  suit  or  action  is  depending,  shall 
and  may  order  and  direct  the  record  of  their  proceedings  in  such  suit  or 
action,  to  he  transmitted  to  the  judges  of  any  county  court  within  the 


MARYLAND.  177 

district,  for  trial,  and  the  judges  of  such  county  court,  to  whom  the  said 
record  shall  be  transmitted,  shall  hear  and  determine  the  same  in  like 
manner  as  if  such  suit  or  action  had  been  originally  instituted  therein ; 
provided,  nevertheless,  that  such  suggestion  shall  be  made  as  aforesaid, 
before  or  during  the  term  in  which  the  issue  or  issues  may  be  joined  in 
said  suit  or  action  ;  and  provided  also,  that  such  further  remedy  may  be 
provided  by  law  in  the  premises,  as  the  legislature  shall  from  time  to 
time,  direct  and  enact. 

§  3.  If  any  party  presented  or  indicted,  in  any  of  the  county  courts 
of  this  state,  shall  suggest,  in  writing,  to  the  court  in  which  such  prose- 
cution is  depending,  that  a  fair  and  impartial  trial  cannot  be  had  in  such 
court,  it  shall  and  may  be  lawfid  for  the  said  court  to  order  and  direct 
the  record  of  their  proceedings  in  the  said  prosecution,  to  be  transmitted 
to  the  judges  of  any  adjoining  county  court,  for  trial ;  and  the  judges  of 
such  adjoining  county  court  shall  hear  and  determine  the  same,  in  the 
same  manner  as  if  such  prosecution  had  been  originally  instituted  there- 
in :  Provided,  that  such  further  and  other  remedy  may  be  provided  by 
law  in  the  premises  as  the  legislature  may  direct  and  enact. 

§  4.  If  the  attorney-general,  or  the  prosecutor  for  the  state,  shall  sug- 
gest, in  writing,  to  any  county  court  before  whom  an  indictment  is  or 
may  be  depending,  that  the  state  cannot  have  a  fair  and  impartial  trial 
in  such  court,  it  shall  and  may  be  lawful  for  the  said  court,  in  their  dis- 
cretion, to  order  and  direct  the  record  of  their  proceedings  in  the  said 
prosecution  to  be  transmitted  to  the  judges  of  any  adjoining  county  court 
for  trial ;  and  the  judges  of  such  county  court  shall  hear  and  determine 
the  same,  as  if  such  prosecution  had  been  originally  instituted  therein. 

§  5.  There  shall  be  a  court  of  appeals,  and  the  same  shall  be  com- 
posed of  the  chief  judges  of  the  several  judicial  districts  of  the  state ; 
which  said  court  of  appeal  shall  hold,  use,  and  exercise,  all  and  singular 
the  powers,  authorities,  and  jurisdictions,  heretofore  held,  used,  and  exer- 
cised by  the  court  of  appeals  of  this  state,  and  also  the  appellate  juris- 
diction heretofore  used  and  exercised  by  the  general  court ;  and  the  said 
court  of  appeals  hereby  established,  shall  sit  on  the  western  and  eastern 
shores,  for  transacting  and  determining  the  business  of  the  respective 
shores,  at  such  times  and  places  as  the  future  legislature  of  this  state 
shall  direct  and  appoint ;  and  any  throe  of  the  said  judges  of  the  court 
of  appeals,  shall  form  a  quorum  to  hear  and  decide  in  all  cases  pending 
in  said  court ;  and  the  judge  who  has  given  a  decision  in  any  case  in  the 
county  court,  shall  withdraw  from  the  bench  upon  the  deciding  of  the 
same  case  before  the  court  of  appeals  ;  and  the  judges  of  the  court  of 
appeals  may  appoint  the  clerks  of  said  court  for  the  western  and  eastern 
shores  respectively,  who  shall  hold  their  appointments  during  good  be- 
haviour, removable  only  for  misbehaviour,  on  conviction  in  a  court  of 
law ;  and,  in  case  of  death,  resignation,  disqualification,  or  removal  out 
of  the  state,  or  from  their  respective  shores,  of  either  of  the  said  clerks, 
in  the  vacation  of  the  said  court,  the  governor,  with  the  advice  of  the 
council,  may  appoint  and  commission  a  fit  and  proper  person  to  such 
vacant  office,  to  hold  the  same  until  the  next  meeting  of  the  said  court; 
and  all  laws  passed  after  this  act  shall  take  effect,  shall  be  recorded  in 
the  office  of  the  court  of  appeals  of  the  western  shore. — Passed  1804, 
chap.  55 — confirmed  1805,  ch.  16. 


178  CONSTITUTION    OF 

Anx.  10.  That  St.  Mary's  county  shall  be  divided  into  four  separate   ' 
districts,  and  that  the  additional  district  shall  be  laid  off'  adjoining  and 
between  the  first  and  third  districts,  as  they  are  now  numbered. — Passed 
1806,  ch.  29— confirmed  1807,  ch.  8. 

11.  That,  upon  the  death,  resignation,  or  removal  out  of  this  state  of 
the  governor,  it  shall  not  be  necessary  to  call  a  meeting  of  the  legisla- 
ture to  fill  the  vacancy  occasioned  thereby,  bat  the  first  named  of  the 
council  for  the  time  being  shall  qualify  and  act  as  governor,  until  the 
next  meeting  of  the  general  assembly,  at  which  meeting  a  governor  shall 
be  chosen  in  the  manner  heretofore  appointed  and  directed. 

§  2.  No  governor  shall  be  capable  of  holding  any  other  office  of  profit 
during  the  time  for  which  he  shall  be  elected. — Passed  June,  1809,  ch 
16 — confirmed  November,  1809,  ch.  11. 

Akt.  12.  That  all  such  parts  of  the  constitution  and  form  of  govern- 
ment, as  require  a  property  qualification  in  persons  to  be  appointed  or 
holding  offices  of  profit  or  trust  in  this  state,  and  in  persons  elected  mem- 
bers of  the  legislature  or  electors  of  the  senate,  shall  be  and  the  same  are 
hereby  repealed  and  abolished. — Passed  November,  1809,  ch.  198 — con- 
firmed 1810,  ch.  18. 

13.  That  it  shall  not  be  lawful  for  the  general  assembly  of  this  state 
to  lay  an  equal  and  general  tax,  or  any  other  tax,  on  the  people  of  this 
state,  for  the  support  of  any  religion. — Passed  November,  1809,  ch.  167 
— confirmed  1810,  ch.  24. 

14.  That  every  free  white  male  citizen  of  this  state,  above  twenty-one 
years  of  age,  and  no  other,  having  resided  twelve  months  within  this 
state,  and  six  months  in  the  county,  or  in  the  city  of  Annapolis  or  Bal- 
timore, next  preceding  the  election  at  which  he  offers  to  vote,  shall  have 
a  right  of  suffrage,  and  shall  vote,  by  ballot,  in  the  election  of  such 
county  or  city,  or  either  of  them,  for  electors  of  the  president  and  vice- 
president  of  the  United  States,  for  representatives  of  this  state  in  the 
congress  of  the  United  States,  for  delegates  to  the  general  assembly  of 
this  state,  electors  of  the  senate,  and  sheriffs. — Passed  November,  1809, 
ch.  83 — confirmed  1810,  ch.  33. 

15.  That  no  person  residing  in  the  city  of  Annapolis  shall  have  a  vote 
in  the  county  of  Anne- Arundel,  for  delegates  for  the  said  county :  and 
all  and  every  part  of  the  constitution  which  enables  persons  holding  fifty 
acres  of  land  to  vote  in  said  county,  be  and  is  hereby  abolished. — Passed 
November,  1809,  ch.  38— confirmed  1810,  ch.  49. 

16.  That  the  forty-fifth  article  of  the  constitution  and  form  of  govern- 
ment be  and  the  same  is  hereby  repealed  and  utterly  abolished. — Passed 
November,  1809,  ch.  65 — confirmed  1810,  ch.  78. 

17.  That  the  time  of  the  meeting  of  the  general  assembly  shall  be  on 
the  first  Monday  in  December,  in  each  year,  instead  of  the  first  Monday 
in  November,  as  [is  now]  prescribed  by  the  constitution  and  form  of 
government. 

§  2.  The  governor  of  this  state  shall  be  chosen  on  the  second  Mon 
day  of  December,  in  each  and  every  year,  in  the  same  manner  as  is  now 
prescribed  by  the  constitution  and  form  of  government ;  and  the  coun- 
cil to  the  governor  shall  be  elected  on  the  first  Tuesday  after  the  second 
Monday  of  December,  in  each  and  every  year,  in  the  same  manner  as  is 
now  prescribed  by  the  constitution  and  form  of  government. 


VIRGINIA,  179 

§  3.  \11  annual  appointments  of  civil  officers  in  this  state  shall  be 
made  in  tht  third  week  of  December,  in  every  year,  in  the  same  man- 
ner as  the  constitution  and  form  of  government  now  directs. — Passed 
1811,  ch.  211 — confirmed  November,  1813. 

[For  further  Amendments  to  the  Constitution  of  Maryland,  see  page  4i:{,  <!tc.] 


CONSTITUTION  OF  VIRGINIA. 


BILL  OF  RIGHTS. 

A  Declaration  of  Rights  made  by  the  Representatives  of  the  good 
People  o/ViRGiNTA,  assembled  in  full  a7id  free  Convention  ;  ivhich 
rights  do  pertain  to  them,  and  their  Posterity,  as  the  basis  and 
foundation  of  Government.   Unanimously  adopted,  June  \^th,  1776. 

1.  That  all  men  are  by  nature  equally  free  and  independent,  and  have 
certain  inherent  rights,  of  which,  when  they  enter  into  a  state  of  society, 
they  cannot,  by  any  compact,  deprive  or  divest  their  posterity  ;  namely, 
the  enjoyment  of  life  and  liberty,  with  the  means  of  acquiring  and  pos- 
sessing property,  and  pursuing  and  obtaining  happiness  and  safety. 

2.  That  all  power  is  vested  in,  and  consequently  derived  from,  the 
people ;  that  magistrates  are  their  trustees  and  servants,  and  at  all  times 
amenable  to  them. 

3.  That  government  is,  or  ought  to  be,  instituted  for  the  common  be- 
nefit, protection,  and  security  of  the  people,  nation,  or  community :  of 
all  the  various  modes  and  forms  of  government,  that  is  best,  which  is 
capable  of  producing  the  greatest  degree  of  happiness  and  safety,  and  is 
most  effectually  secured  against  the  danger  of  maladministration ;  and 
that,  when  any  government  shall  be  found  inadequate  or  contrary  to 
these  purposes,  a  majority  of  the  community  hath  an  indubitable,  un- 
alienable, and  indefeasible  right  to  reform,  alter,  or  abolish  it,  in  such 
manner  as  shall  be  judged  most  conducive  to  the  public  weal. 

4.  That  no  man,  or  set  of  men,  are  entitled  to  exclusive  or  separate 
emoluments  or  privileges  from  the  community,  but  in  consideration  of 
public  services ;  which  not  being  descendible,  neither  ought  the  offices 
of  magistrate,  legislator,  or  judge  to  be  hereditary. 

5.  That  the  legislative  and  executive  powers  of  the  state  should  be 
separate  and  distinct  from  the  judiciary ;  and  that  the  members  of  the 
two  first  may  be  restrained  from  oppression,  by  feeling  and  participating 
the  burthens  of  the  people,  they  should,  at  fixed  periods,  be  reduced  to 
a  private  station,  return  into  that  body  from  which  they  were  originally 
taken,  and  the  vacancies  be  supplied  by  frequent,  certain,  and  regular 
elections,  in  which  all,  or  any  part  of  the  former  members,  to  be  again 
eligible,  or  ineligible  as  the  laws  shall  direct. 

6.  That  elections  of  members  to  serve  as  representatives  of  the  people 
in  assembly,  ought  to  be  free;  and  that  all  men  having  sufficient  evi- 
dence of  permanent  common  interest  with,  and  attachment  to,  the  com 


180  CONSTITUTION    OF 

munity,  have  the  right  of  suffrage,  and  cannot  be  taxed  or  deprived  of 
their  property  for  public  uses,  without  their  ov^rn  consent,  or  that  of 
their  representatives  so  elected,  nor  bound  by  any  law  to  which  they 
have  not,  in  like  manner,  assented,  for  the  public  good. 

7.  That  all  power  of  suspending  laws,  or  the  execution  of  laws,  by 
any  authority,  without  consent  of  the  representatives  of  the  people,  is 
injurious  to  their  rights,  and  ought  not  to  be  exercised. 

8.  That,  in  all  capital  or  criminal  prosecutions,  a  man  hath  a  right  to 
demand  the  cause  and  nature  of  his  accusation,  to  be  confronted  with 
the  accusers  and  witnesses,  to  call  for  evidence  in  his  favour,  and  to  a 
speedy  trial  by  an  impartial  jury  of  his  vicinage,  without  whose  unani- 
mous consent  he  cannot  be  found  guilty  ;  nor  can  he  be  compelled  to  give 
evidence  against  himself;  that  no  man  be  deprived  of  his  liberty  except 
by  the  law  of  the  land,  or  the  judgment  of  his  peers. 

9.  That  excessive  bail  ought  not  to  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

10.  That  general  wan-ants,  whereby  an  officer  or  messenger  may  be 
commanded  to  search  suspected  places  without  evidence  of  a  fact  com- 
mitted, or  to  seize  any  person  or  persons  not  named,  or  whose  offence  is 
not  particularly  described  and  supported  by  evidence,  are  grievous  and 
oppressive,  and  ought  not  to  be  granted. 

11.  That,  in  controversies  respecting  property,  and  in  suits  between 
man  and  man,  the  ancient  trial  by  jury  is  preferable  to  any  other,  and 
ought  to  be  held  sacred. 

13.  That  the  freedom  of  the  press  is  one  of  the  great  buKvarks  of 
liberty,  and  can  never  be  restrained  but  by  despotic  governments. 

13.  That  a  well  regulated  militia,  composed  of  the  body  of  the  people, 
trained  to  arms,  is  the  proper,  natural,  and  safe  defence  of  a  free  state ; 
tliat  standing  armies,  in  time  of  peace,  should  be  avoided,  as  dangerous 
to  liberty ;  and  that,  in  all  cases,  the  military  should  be  imder  strict  sub- 
ordination to,  and  governed  by,  the  civil  power. 

14.  That  the  people  have  a  right  to  uniform  government ;  and,  there- 
fore, that  no  government  separate  from,  or  independent  of,  the  govern- 
ment of  Virginia,  ought  to  be  erected  or  established  within  the  limits 
thereof. 

15.  That  no  free  government,  or  the  blessing  of  liberty,  <;an  be  pre- 
served to  any  people,  but  by  a  firm  adherence  to  justice,  moderation,  tem- 
perance, frugality,  and  virtue,  and  by  frequent  recurrence  to  fundamen- 
tal principles. 

16.  That  religion,  or  the  duty  which  we  owe  to  our  Creator,  and  the 
manner  of  discharging  it,  can  be  directed  only  by  reason  and  convic- 
tion, not  by  force  or  violence  ;  and  therefore  all  men  are  equally  entitled 
to  the  free  exercise  of  religion,  according  to  the  dictates  of  conscience 
and  that  it  is  the  mutual  duty  of  all  to  practise  Christian  forbearance 
love,  and  charity  towards  each  other. 


VIRGINIA.  181 


AN  AMENDED  CONSTITUTION 

OR  FOKM  OF  GOVERNMESTT  FOR  VIRGUflA.       ADOPTED  JANUART 
14th,  1830. 

Whereas  the  delegates  and  representatives  of  the  good  people  of  Vir 
ginia,  in  convention  assembled,  on  the  twenty-ninth  day  of  June,  in 
the  year  of  our  Lord  one  thousand  seven  hundred  and  seventy-six  ;  re- 
citing and  declaring,  that  whereas,  George  the  Third,  king  of  Great 
Britain  and  Ireland,  and  elector  of  Hanover,  before  that  time  intrusted 
with  the  exercise  of  the  kingly  office  in  the  government  of  Virginia, 
had  endeavoured  to  pervert  the  same  into  a  detestable  and  insupportable 
tyranny,  by  putting  his  negative  on  laws  the  most  wholesome  and  neces- 
sary for  the  public  good ;  by  denying  his  governors  permission  to  pass 
laws  of  immediate  and  pressing  importance,  unless  suspended  in  theii 
operation  for  his  assent,  and  when  so  suspended,  neglecting  to  attend  to 
them  for  many  years  ;  by  refusing  to  pass  certain  other  laws  unless  the 
persons  to  be  benefited  by  them  would  relinquish  the  inestimable  right 
of  representation  in  the  legislature  ,  by  dissolving  legislative  assemblies 
repeatedly  and  continually,  for  opposing  with  manly  firmness  his  inva- 
sions of  the  rights  of  the  people  ;  when  dissolved,  by  refusing  to  call 
others  for  a  long  space  of  time,  thereby  leaving  the  political  system  with- 
out any  legislative  head  ;  by  endeavouring  to  prevent  the  population  of 
our  country,  and  for  that  purpose  obstructing  the  laws  for  the  naturali- 
zation of  foreigners ;  by  keeping  among  us,  in  time  of  peace,  standing 
armies  and  ships  of  war ;  by  affecting  to  render  the  military  indepen- 
dent of  and  superior  to  the  civil  power,  by  combining  with  others  to 
subject  us  to  a  foreign  jurisdiction,  giving  his  assent  to  their  pretended 
acts  of  legislation,  for  quartering  large  bodies  of  armed  troops  among 
us,  for  cutting  off  our  trade  with  all  parts  of  the  world,  for  imposing 
taxes  on  us  without  our  consent,  for  depriving  us  of  the  benefits  of  the 
trial  by  jury,  for  transporting  us  beyond  seas  to  be  tried  for  pretended 
offences,  for  suspending  our  own  legislatures,  and  declaring  themselves 
invested  with  power  to  legislate  for  us  in  all  cases  whatsoever  ;  by  plun- 
dering our  seas,  ravaging  our  coasts,  burning  our  towns,  and  destroying 
the  lives  of  our  people  ;  by  inciting  insurrections  of  our  fellow-subjects 
with  the  allurements  of  forfeiture  and  confiscation  ;  by  prompting  oui 
negroes  to  rise  in  arms  among  us,  those  very  negroes  whom,  by  an  in- 
human use  of  his  negative,  he  had  refused  us  permission  to  exclude  by 
law ;  by  endeavouring  to  bring  on  the  inhabitants  of  our  frontiers,  the 
merciless  Indian  savages,  whose  known  rule  of  warfare  is  an  undistin- 
guished destruction  of  all  ages,  sexes,  and  conditions  of  existence  ;  by 
transporting  hither  a  large  army  of  foreign  mercenaries,  to  complete  the 
work  of  death,  desolation,  and  tyranny,  then  already  begun  with  circuni- 
stances  of  cruelty  and  perfidy  unworthy  the  head  of  a  civilized  nation  ; 
by  answering  our  repeated  petitions  for  redress  with  a  repetition  of  in- 
juries ;  and  finally,  by  abandoning  the  helm  of  goveniment,  and  de- 
claring us  out  of  his  allegiance  and  protection  :  by  which  several  acts 
of  misrule,  the  government  of  this  country,  as  before  exercised  under 

Q 


l^  CONSTITUTION  OF 

the  crown  of  Great  Britain,  was  totally  dissolved :  did,  therefore,  having 
maturely  considered  the  premises,  and  viewing  with  great  concern  the 
deplorable  condition  to  which  this  once  happy  country  would  be  reduced, 
unless  some  regular  adequate  mode  of  civil  polity  should  be  speedily 
adopted,  and  in  compliance  with  the  recommendation  of  the  general 
congress,  ordain  and  declare  a  form  of  government  of  Virginia. 

And  whereas  the  general  assembly  of  Virginia,  by  an  act  passed  on 
the  tenth  day  of  February,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  twenty-nine,  entitled,  an  act  to  organize  a  convention,  did 
authorize  and  provide  for  the  election,  by  the  people,  of  delegates  and 
representatives,  to  meet  and  assemble,  in  general  convention,  at  the  capi- 
tal in  the  city  of  Richmond,  on  the  first  Monday  of  October,  in  the  year 
last  aforesaid,  to  consider,  discuss,  and  propose  a  new  constitution,  or 
alterations  and  amendments  to  the  existing  constitution  of  this  common- 
wealth, to  be  submitted  to  the  people,  and  to  be  by  them  ratified  or  re- 
jected. 

We,  therefore,  the  delegates  and  representatives  of  the  good  people 
of  Virginia,  elected  and  in  convention  assembled,  in  pursuance  of  the 
said  act  of  assembly,  do  submit  and  propose  to  the  people  the  following 
amended  constitution  and  form  of  government  for  this  commonwealth, 
that  is  to  say ; 

ARTICLE   I. 

The  Declaration  of  Rights  made  on  the  12th  June,  1776,  by  the  re- 
presentatives of  the  good  people  of  Virginia,  assembled  in  full  and  free 
convention,  which  pertained  to  them  and  their  posterity,  as  the  basis 
and  foundation  of  government ;  requiring  in  the  opinion  of  this  con- 
vention no  amendment,  shall  be  prefixed  to  this  constitution,  and  have 
the  same  relation  thereto  as  it  had  to  the  former  constitution  of  this  com- 
monwealth. 

ARTICLE  2. 

The  legislative,  executive,  and  judiciary  departments  shall  be  separate 
and  distinct,  so  that  neither  exercise  the  powers  properly  belonging  to 
either  of  the  others ;  nor  shall  any  person  exercise  the  powers  of  more 
than  one  of  them  at  the  same  time,  except  that  the  justices  of  the 
county  courts  shall  be  eligible  to  either  house  of  assembly 

ARTICLE    3. 

1.  The  legislature  shall  be  formed  of  two  distinct  branches,  which  to- 
gether shall  be  a  complete  legislature,  and  shall  be  called  the  general 
assembly  of  Virginia. 

2.  One  of  these  shall  be  called  the  house  of  delegates,  and  shall  con- 
sist of  one  hundred  and  thirty-four  members,  to  be  chosen,  annually,  for 
and  by  the  several  counties,  cities,  towns,  and  boroughs,  of  the  common- 
wealth ;  whereof  thirty-one  delegates  shall  be  chosen  for  and  by  tlie 
twenty-six  counties  lying  west  of  the  Alleghany  mountains :  twenty- 
five,  for  and  by  the  fourteen  counties  lying  between  the  Alleghany  and 
Blue  Ridge  of  mountains ;  forty-two  for  and  by  the  twenty-nine  coun- 
ties lying  east  of  the  Blue  Ridge  of  mountains  and  above  tide-water, 
and  thirty-six,  for  and  by  the  counties,  cities,  towns,  and  boroughs 


f  VIRGINIA.  183 

lying  upon  tide-water,  that  is  to  say  :  Of  the  twenty-six  counties  lying 
west  of  the  Alleghany,  the  counties  of  Harrison,  Montgomery,  Monon- 
galia, Ohio,  and  Washington,  shall  each  elect  two  delegates  ;  and  the 
counties  of  Brooke,  Cabell,  Grayson,  Greenbrier,  Giles,  Kanawha,  Lee, 
Lewis,  Logan,  Mason,  Monroe,  Nicholas,  Pocahontas,  Preston,  Ran- 
dolph, Russell,  Scott,  Tazewell,  Tyler,  Wood,  and  Wja-the,  shall  each 
elect  one  delegate.  Of  the  fourteen  counties  lying  between  the  Alle- 
ghany and  Blue  Ridge,  the  counties  of  Frederick  and  Shenandoah,  shall 
each  elect  three  delegates ;  the  counties  of  Augusta,  Berkely,  Botetourt, 
Hampshire,  Jefferson,  Rockingham,  and  Rockbridge,  shall  each  elect  two 
delegates ;  and  the  counties  of  Alleghany,  Bath,  Hardy,  Morgan,  and 
Pendleton,  shall  each  elect  one  delegate.  Of  the  twenty-nine  counties 
lying  east  of  the  Blue  Ridge  and  above  tide-water,  the  county  of  Lou- 
doun shall  elect  three  delegates ;  the  counties  of  Albemarle,  Bedford, 
Brunswick,  Buckingham,  Campbell,  Culpeper,  Fauquier,  Franklin, 
Halifax,  Mecklenburg,  and  Pittsylvania,  shall  each  elect  two  delegates ; 
and  the  counties  of  Amelia,  Amherst,  Charlotte,  Cumberland,  Dinwid- 
dle, Fluvanna,  Goochland,  Henry,  Louisa,  Lunenburg,  Madison,  Nelson, 
Nottoway,  Orange,  Patrick,  Powhatan,  and  Prince  Edward,  shall  each 
elect  one  delegate.  And  of  the  counties,  cities,  towns,  and  boroughs 
lying  on  tide-water,  the  counties  of  Accomack  and  Norfolk  shall  each 
elect  two  delegates  ;  the  counties  of  Caroline,  Chesterfield,  Essex,  Fair- 
fax, Greenesville,  Gloucester,  Hanover,  Henrico,  Isle  of  Wight,  King 
and  Queen,  King  WilUara,  King  George,  Nansemond,  Northumberland, 
Northampton,  Princess  Anne,  Prince  George,  Prince  William,  South- 
ampton, Spottsylvania,  Stafford,  Sussex,  Surry,  and  Westmoreland,  and 
the  city  of  Richmond,  the  borough  of  Norfolk,  and  the  town  of  Peters- 
burg, shall  each  elect  one  delegate ;  the  counties  of  Lancaster  and  Rich- 
mond shall  together  elect  one  delegate  ;  the  counties  of  Matthews  and 
Middlesex  shall  together  elect  one  delegate  ;  the  counties  of  Elizabeth 
City  and  Warwick  shall  together  elect  one  delegate  ;  the  counties  of 
James  City  and  York,  and  the  city  of  Williamsburg,  shall  together  elect 
one  delegate  ;  and  the  counties  of  New  Kent  and  Charles  City  shall 
together  elect  one  delegate. 

3  The  other  house  of  the  general  assembly  shall  be  called  the  senate, 
and  shall  consist  of  thirty-two  members,  of  whom  thirteen  shall  be  cho- 
sen for  and  by  the  counties  lying  west  of  the  Blue  Ridge  of  mountains, 
and  nineteen  for  and  by  the  counties,  cities,  towns,  and  boroughs  lying 
east  thereof ;  and  for  the  election  of  whom,  the  counties,  cities,  towns, 
and  boroughs  shall  be  divided  into  thirty-two  districts,  as  hereinafter  pro- 
vided. Each  county  of  the  respective  districts,  at  the  time  of  the  first 
election  of  its  delegate  or  delegates  under  this  constitution,  shall  vote 
for  one  senator  ;  and  the  sheriffs  or  other  officers  holding  the  election 
for  each  county,  city,  town,  or  borough  within  five  days  at  farthest  after 
the  last  county,  city,  town,  or  borough  election  in  the  district,  shall  meet 
at  some  convenient  place,  and  from  the  polls  so  taken  in  their  respective 
counties,  cities,  towns,  or  boroughs,  return  as  a  senator  the  person  who 
shall  have  the  greatest  number  of  votes  in  the  whole  district.  To  keep 
up  this  assembly  by  rotation,  the  districts  shall  be  equally  divided  into 
four  classes,  and  numbered  by  lot.  At  the  end  of  one  year  after  the 
first  general  election,  the  eight  members  elected  by  the  first  division 
shall  be  displaced,  and  the  vacancies  thereby  occasioned,  supplied  from 


184  CONSTITUTION    OF 

such  class  or  division  by  new  election  in  the  manner  aforesaid.  This 
rotation  shall  be  applied  to  each  division  according  to  its  number,  and 
continued  in  due  order  annually.  And  for  the  election  of  senators,  the 
counties  of  Brooke,  Ohio,  and  Tyler,  shall  form  one  district :  the  coun- 
ties of  Monongalia,  Preston,  and  Randolph,  shall  form  another  district : 
the  counties  of  Harrison,  Lewis,  and  Wood,  shall  form  another  district : 
the  counties  of  Kanawha,  Mason,  Cabell,  Logan,  and  Nicholas,  shall 
form  another  district :  the  counties  of  Greenbrier,  Monroe,  Giles,  and 
Montgomery,  shall  form  another  district:  the  counties  of  Tazewell, 
Wythe,  and  Grayson,  shall  form  another  district :  the  counties  of  Wash- 
ington, Rus.sell,  Scott,  and  Lee,  shall  form  another  district :  the  counties 
of  Berkeley,  Morgan,  and  Hampshire,  shall  form  another  district :  the 
counties  of  Frederick  and  Jefferson  shall  form  another  district :  the 
counties  of  Shenandoah  and  Hardy  shall  form  another  district :  the  coun- 
ties of  Rockingham  and  Pendleton  shall  fonn  another  district :  the  coun- 
ties of  Augusta  and  Rockbridge  sliall  fcwm  another  district :  the  counties 
<rf  Alleghany,  Bath,  Pocahontas,  and  Botetourt,  shall  form  another 
district :  the  counties  of  Loudoun  and  Fairfax  shall  form  another  dis- 
trict :  the  counties  of  Fauquier  and  Prince  William  shall  form  another 
district :  the  counties  of  Stafford,  King  George,  Westmoreland,  Rich- 
mond, Lancaster,  and  Northumberland,  shall  form  anotlier  district :  the 
counties  of  Culpeper,  Madison,  and  Orange,  shall  form  another  district : 
the  counties  of  Albemarle,  Nelson,  and  Amherst,  shall  form  another  dis- 
trict :  the  counties  of  Fluvanna,  Goochland,  Louisa,  and  Hanover,  shall 
form  another  district :  the  counties  of  Spottsylvania,  Caroline,  and  Es- 
sex, shall  form  another  district :  the  counties  of  King  and  Queen,  King 
William,  Gloucester,  Matthews,  and  Middlesex,  shall  form  another  dis- 
trict :  the  counties  of  Accomack,  Northampton,  Elizabeth  City,  York, 
and  Warwick,  and  the  city  of  Williamsburg,  shall  form  another  district : 
the  counties  of  Charles  City,  James  City,  New  Kent,  and  Henrico,  and 
the  city  of  Richmond,  shall  form  another  district :  the  counties  of  Bed- 
ford and  Franklin  shall  form  another  district ;  the  counties  of  Bucking- 
ham, Campbell,  and  Cumberland,  shall  form  another  district ;  the  coun- 
ties of  Patrick,  Henry,  and  Pittsylvania,  shall  form  another  district :  the 
counties  of  Halifax  aiwi  Mecklenburg  shall  form  another  district :  the 
counties  of  Charlotte,  Lunenburg,  Nottoway,  and  Prince  Edward,  shall 
form  another  district :  the  counties  of  Amelia,  Powhatan,  and  Chester- 
field, and  the  town  of  Petersburg,  shall  form  another  district :  the  coun- 
ties of  Brunswick,  Dinwiddle,  and  Greenesville,  shall  form  another  dis- 
trict: the  counties  of  Isle  of  Wight,  Prince  George,  Southampton, 
Surry,  and  Sussex,  shall  form  another  district :  and  the  counties  of  Nor- 
*()lk,  Nansemond,  and  Princess  Anne,  and  the  borough  of  Norfolk,  shali 
"orm  another  district. 

4.  It  shall  be  the  duty  of  the  legislature,  to  re-apportion,  once  in  ten 
years,  to  wit :  in  the  year  1841,  and  every  ten  years  thereafter,  the  re- 
presentation of  the  counties,  cities,  towns,  and  boroughs,  of  this  com- 
monwealth, in  both  of  the  legislative  bodies  :  Provided,  however,  that  the 
number  of  delegates  from  the  aforesaid  great  districts,  and  the  number 
of  senators  from  the  aforesaid  two  great  divisions,  respectively,  shall  nei- 
ther be  increased  nor  diminished  by  such  re-apportionment.  And  when 
a  new  county  shall  hereafter  be  created,  or  any  city,  town,  or  borough, 
not  now  entitled  to  separate  representation  in  the  house  of  delegates,  shall 


*■  '  VIRGINIA.  185 

liave  so  increased  in  population  as  to  be  entitled,  in  the  opinion  of  the 
general  assembly,  to  such  representation,  \i  shall  be  the  duty  of  the  gene- 
ral assembly  to  make  provision  by  law  for  securing  to  the  people  of  such 
new  county,  or  such  city,  town,  or  borough,  an  adequate  representation. 
And  if  the  object  cannot  otherwise  be  effected,  it  shall  be  competent  to 
the  general  assembly  to  re-apportion  the  whole  representation  of  the 
great  district  containing  such  new  county,  or  such  city,  town,  or  borough, 
within  its  limits ;  which  re-apportionment  shall  continue  in  force  till 
the  next  regular  decennial  re-apportionment. 

5.  The  general  assembly,  after  the  year  1841,  and  at  intervals  there- 
after of  not  less  than  ten  years,  shall  have  authority,  two-thirds  of  each 
house  concurring,  to  make  re-apportionments  of  delegates  and  senators, 
throughout  the  commonwealth,  so  that  the  number  of  delegates  shall  not 
at  any  time  exceed  150,  nor  of  senators  36. 

6.  The  whole  number  of  members  to  which  the  state  may  at  any  time 
be  entitled  in  the  house  of  representatives  of  the  United  States,  shall  be 
apportioned  as  nearly  as  may  be,  amongst,  the  several  counties,  cities, 
boroughs,  and  towns  of  the  state,  according  to  their  respective  numbers, 
which  shall  be  determined  by  adding  to  the  whole  number  of  persons, 
including  those  bound  to  service  for  a  term  of  years,  and  excluding  In- 
dians not  taxed,  three-fifths  of  all  other  persons. 

7.  Any  person  may  be  elected  a  senator  who  shall  have  attained  to 
the  age  of  thirty  years,  and  shall  be  actually  a  resident  and  freeholder 
within  the  district,  qualified  by  virtue  of  his  freehold  to  vote  for  mem- 
bers of  the  general  assembly  according  to  this  constitution.  And  any 
person  may  be  elected  a  member  of  the  house  of  delegates,  who  shall 
have  attained  the  age  of  twenty-five  years,  and  shall  be  actually  a  resident 
and  freeholder  within  the  county,  city,  town,  borough,  or  election  dis- 
trict, qualified  by  virtue  of  his  freehold  to  vote  for  members  of  the  gene- 
ral assembly  according  to  this  constitution :  Provided,  that  all  persons 
holding  lucrative  offices,  and  ministers  of  the  gospel,  and  priests  of  every 
<]enomination,  shall  be  incapable  of  being  elected  members  of  either 
house  of  assembly. 

8.  The  members  of  the  assembly  shall  receive  for  their  services  a  com- 
pensation to  be  ascertained  by  law,  and  paid  out  of  the  public  treasury  : 
but  no  law  increasing  the  compensation  of  the  members  shall  take  effect 
until  the  end  of  the  next  annual  session  after  such  law  shall  have  been 
enacted.  And  no  senator  or  delegate  shall,  during  the  term  for  which 
he  shall  have  been  elected,  be  appointed  to  any  civil  office  of  profit  un- 
■der  the  commonwealth,  which  shall  have  been  created,  or  the  emolu- 
ments of  which  shall  have  been  increased,  during  such  term,  except  such 
offices  as  may  be  filled  by  elections  by  the  people. 

9.  The  general  assembly  shall  meet  once  or  oftener  every  year.  Nei- 
ther house,  during  the  session  of  the  legislature,  shall,  without  the  con- 
sent of  the  other,  adjourn  for  more  than  three  days,  nor  to  any  other 
place  than  that  in  which  the  two  houses  shall  be  sitting.  A  majority 
of  each  house  shall  constitute  a  quorum  to  do  business  ;  but  a  smaller 
number  may  adjourn  from  day  to  day,  and  shall  be  authorized  to  com- 
pel the  attendance  of  absent  members,  in  such  manner  and  under 
such  penalties  as  each  house  may  provide.  And  each  house  shall 
choose  its  own  speaker,  appoint  its  own  officers,  settle  its  own  rules  of 
proceeding,   and  direct   writs  of  election   for  supplying   intermediate 

%2 


186  CONSTITUTION   OF 

vacancies.  But  if  vacancies  shall  occur  by  death  or  resignation,  during 
the  recess  of  the  general  assembly,  such  writs  may  be  issued  by  the 
governor,  under  such  regulations  as  may  be  prescribed  by  law.  Each 
house  shall  judge  of  the  election,  qualification,  and  returns  of  its  mem- 
bers ;  may  punish  its  members  for  disorderly  behaviour,  and,  with  the 
concurrence  of  two-thirds,  expel  a  member,  but  not  a  second  time  for 
the  same  offence. 

10.  All  laws  shall  originate  in  the  house  of  delegates,  to  be  approved 
or  rejected  by  the  senate,  or  to  be  amended  vnth  the  consent  of  the  house 
of  delegates. 

11.  The  privilege  of  the  writ  of  habeas  corpus  sljall  not  in  any  case 
be  suspended.  The  legislature  shall  not  pass  any  bill  of  attainder ;  or 
any  ex  post  facto  law  \  or  any  law  impairing  the  obligation  of  contracts  j 
or  any  law,  whereby  private  property  shall  be  taken  for  public  uses, 
without  just  compensation  ;  or  any  law  abridging  the  freedom  of  speech, 
or  of  the  press.  No  man  shall  be  compelled  to  frequent  or  support  any 
reUgious  worship,  place,  or  ministry  whatsoever ;  nor  shall  any  man  be 
enforced,  restrained,  molested,  or  burthened  in  his  body  or  goods,  or 
otherwise  sufl'er,  on  account  of  his  religious  opinions  or  belief;  but  all 
men  shall  be  free  to  profess,  and  by  argument  to  maintain,  their  opinions 
in  matters  of  religion,  and  the  same  shall  in  no  wise  afiect,  diminish,  or 
enlarge  their  civil  capacities.  And  the  legislature  shall  not  prescribe 
any  rehgious  test  whatever ;  nor  confer  any  peculiar  privileges  or  advan- 
tages on  any  one  sect  or  denomination ;  nor  pass  any  law  requiring  or 
authorizing  any  religious  society,  or  the  people  of  any  district  within  tills 
commonwealth,  to  levy  on  themselves  or  others  any  tax  for  the  erection 
or  repair  of  any  house  for  pubhc  worship,  or  for  the  support  of  any 
church  or  ministiy  ;  but  it  shall  be  left  free  to  every  person  to  select  liis 
religious  instructor,  and  make  for  his  support  such  private  contract  as  he 
shall  please. 

12.  The  legislature  may  provide  by  law  that  no  person  shall  be  capa- 
ble of  holding  or  being  elected  to  any  post  of  profit,  trust,  or  emolument, 
civil  or  military,  legislative,  executive,  or  judicial,  under  the  government 
of  this  commonwealth,  who  shall  hereafter  fight  a  duel,  or  send  or  accept 
a  challenge  to  fight  a  duel,  the  probable  issue  of  which  may  be  the  deatli 
of  the  challenger  or  challenged,  or  who  shall  be  a  second  to  either  party, 
or  shall  in  any  manner  aid  or  assist  in'  such  duel,  or  shall  be  knowingly 
the  bearer  of  such  challenge  or  acceptance ;  but  no  person  shall  be  so  dis- 
qualified by  reason  of  his  having  heretofore  fought  such  duel,  or  sent  or  ac- 
cepted such  challenge,  or  been  a  second  in  such  duel,  or  bearer  of  such 
challenge  or  acceptance. 

13.  The  governor,  the  judges  of  the  court  of  appeals  and  superior 
courts,  and  all  others  offending  against  the  state,  either  by  maladminis- 
tration, corruption,  neglect  of  duty,  or  any  other  high  crime  or  misde- 
meanour, shall  be  impeachable  by  the  house  of  delegates  ;  such  impeach- 
ment to  be  prosecuted  before  the  senate,  which  shall  have  the  sole  power 
to  try  all  impeachments.  When  sitting  for  that  purpose,  the  senate  shall 
be  on  oath  or  affirmation  :  and  no  person  shall  be  convicted  without  the 
concurrence  of  two-thirds  of  the  members  present.  Judgment,  in  cases 
of  impeachment,  shall  not  extend  further  than  to  removal  from  office,  and 
disqualification  to  hold  and  enjoy  any  office  of  honour,  trust,  or  profit  un 
dei-  the  commonwealth ;  but  the  party  convicted  shall  nevertheless  be 


VIRGINIA,  187 

liable  and  subject  to  indictment,  trial,  judgment,  and  punishment,  ac- 
cording to  law. 

14.  Every  white  male  citizen  of  the  commonwealth,  resident  therein, 
aged  twenty-one  years  and  upwards,  being  qualified  to  exercise  the  right 
of  suffrage  according  to  the  former  constitution  and  laws;  and  every  such 
citizen,  being  possessed,  or  whose  tenant  for  years,  at  will  or  at  suffer- 
ance, is  possessed,  of  an  estate  or  freehold  in  land  of  the  value  of  twenty- 
five  dollars,  and  so  assessed  to  be  if  any  assessment  thereof  be  required 
by  law ;  and  every  such  citizen,  being  possessed  as  tenant  in  common, 
joint  tenant  or  partner,  of  an  interest  in  or  share  of  land,  and  having  an 
estate  of  freehold  therein,  such  interest  or  share  being  of  the  value  of 
twenty-five  dollars,  and  so  assessed  to  be  if  any  assessment  thereof  be 
required  by  law ;  and  every  such  citizen  being  entitled  to  a  reversion  or 
vested  remainder  in  fee,  expectant  on  an  estate  for  life  or  lives,  in  land  of 
the  value  of  fifty  dollars,  and  so  assessed  to  be  if  any  assessment  there- 
of be  required  by  law  ;  (each  and  every  such  citizen,  unless  his  title  shall 
have  come  to  him  by  descent,  devise,  marriage,  or  marriage  settlement, 
having  been  so  possessed  or  entitled  for  six  months ;)  and  every  such 
citizen,  who  shall  own  and  be  himself  in  actual  occupation  of  a  lease- 
hold estate,  with  the  evidence  of  title  recorded  two  months  before  he  shall 
offer  to  vote,  of  a  term  originally  not  less  than  five  years,  of  the  annual 
value  or  rent  of  twenty  dollars;  and  every  such  citizen,  who  for  twelve 
months  next  preceding  has  been  a  housekeeper  and  head  of  a  family 
within  the  county,  city,  town,  borough,  or  election  district  where  he  may 
offer  to  vote,  and  shall  have  been  assessed  with  a  part  of  the  revenue  of 
the  commonwealth  within  the  preceding  year,  and  actually  paid  the  same 
— and  no  other  persons — ^shall  be  qualified  to  vote  for  members  of  the 
general  assembly,  in  the  county,  city,  town,  or  borough,  respectively, 
wherein  such  land  shall  lie,  or  such  housekeeper  and  head  of  a  family 
shall  live.  And  in  case  of  two  or  more  tenants  in  common,  joint  ten- 
ants, or  parceners,  in  possession,  reversion,  or  remainder,  having  interest 
in  land,  the  value  whereof  shall  be  insufficient  to  entitle  them  all  to  vote, 
they  shall  together  have  as  many  votes  as  the  value  of  the  land  shall  en- 
title them  to  ;  and  the  legislature  shall  by  law  provide  the  mode  in  which 
their  vote  or  votes  shall  in  such  case  be  given  :  Provided,  nevertheless, 
that  the  right  of  suffrage  shall  not  be  exercised  by  any  person  of  unsound 
mind,  or  who  shall  be  a  pauper,  or  a  non-commissioned  officer,  soldier, 
seaman,  or  marine,  in  the  service  of  the  United  States,  or  by  any  person 
convicted  of  any  infamous  offence. 

15.  In  all  elections  in  tliis  commonwealth  to  any  office  or  place  of 
trust,  honour,  or  profit,  the  votes  shall  be  given  openly,  or  viva  voce, 
and  not  by  ballot, 

ARTICLE  4. 

1.  The  chief  executive  power  of  this  commonwealth  shall  be  vested 
in  a  governor,  to  be  elected  by  the  joint  vote  of  the  two  houses  of  the 
general  assembly.  He  shall  hold  his  office  during  the  term  of  three 
years,  to  commence  on  the  first  day  of  January  next  succeeding  his  elec- 
tion, or  on  such  other  day  as  may  from  time  to  time  be  prescribed  by 
law  ;  and  he  shall  be  ineligible  to  that  office  for  three  years  next  after  his 
tenn  of  service  shall  have  expired. 


188  CONSTITUTION   OF 

2.  No  person  shall  be  eligible  to  the  office  of  governor,  unless  he  shall 
have  attained  the  age  of  thirty  years,  shall  be  a  native  citizen  of  the  Uni- 
ted States,  or  shall  have  been  a  citizen  thereof  at  the  adoption  of  the  fede- 
ral constitution,  and  shall  have  been  a  citizen  of  this  commonwealth  for 
five  years  next  preceding  his  election. 

3.  The  governor  shall  receive  for  his  services  a  compensation  to  be 
fixed  by  law,  which  shall  be  neither  increased  nor  diminished  during  his 
continuance  in  office. 

4.  He  shall  take  care  that  the  laws  be  faithfully  executed,  shall  com- 
municate to  the  legislature,  at  every  session,  the  condition  of  the  com- 
monwealth, and  recommend  to  their  consideration  such  measures  as  he 
may  deem  expedient.  He  shall  be  commander-in-chief  of  the  land  and 
naval  forces  of  the  state.  He  shall  have  power  to  embody  the  militia, 
when,  in  his  opinion,  the  public  safety  shall  require  it ;  to  convene  the 
legislature,  on  application  of  a  majority  of  the  members  of  the  house  of 
delegates,  or  when,  in  his  opinion,  the  interest  of  the  commonwealth 
may  require  it;  to  grant  reprieves  and  pardons,  except  where  the  pro- 
secution shall  have  been  carried  on  by  the  house  of  delegates,  or  the 
law  shall  otherwise  particularly  direct ;  to  conduct,  either  in  person  or  in 
such  manner  as  shall  be  prescribed  by  law,  all  intercourse  with  other  and 
foreign  states  ;  and  during  the  recess  of  the  legislature,  to  fill,  pro  tem- 
pore, all  vacancies  in  those  offices,  which  it  may  be  the  duty  of  the  le- 
gislature to  fill  permanently :  Provided,  that  his  appointments  to  such 
vacancies  shall  be  by  commissions  to  expire  at  the  end  of  the  next  suc- 
ceeding session  of  the  general  assembly. 

5.  There  shall  be  a  council  of  state,  to  consist  of  three  members,  any 
one  or  more  of  whom  may  act.  They  shall  be  elected  by  joint  vote  of 
both  houses  of  the  general  assembly,  and  remain  in  office  three  years. 
But  of  those  first  elected,  one,  to  be  designated  by  lot,  shall  remain  in 
office  one  year  only,  and  one  other,  to  be  designated  in  like  manner, 
shall  remain  in  office  for  two  years  only.  Vacancies  occurring  by  ex- 
piration of  the  term  of  service,  or  otherwise,  shall  be  supplied  by  elec- 
tions made  in  like  manner.  The  governor  shall,  before  he  exercises  any 
discretionary  power  conferred  on  him  by  the  constitution  and  laws,  re- 
quire the  advice  of  the  council  of  state,  which  advice  shall  be  registered 
in  books  kept  for  that  purpose,  signed  by  the  members  present  and  con- 
senting thereto,  and  laid  before  the  general  assembly  when  called  for  by 
them.  The  council  shall  appoint  their  own  clerk,  who  shall  take  an 
oath  to  keep  secret  such  matters  as  he  shall  be  ordered  by  the  board  to 
conceal.  The  senior  counsellor  shall  be  lieutenant-governor,  and  in  case 
of  the  death,  resignation,  inability,  or  absence  of  the  governor  from  the 
seat  of  government,  shall  act  as  governor. 

6.  The  manner  of  appointing  militia  officers  shall'be  provided  for  by 
law ;  but  no  officer  below  the  rank  of  a  brigadier-general  shall  be  ap- 
pointed by  the  general  assembly. 

7.  Commissions  and  grants  shall  run  in  the  name  of  the  common- 
wealth of  Virginia,  and  bear  teste  by  the  governor,  with  the  seal  of  the 
commonwealth  annexed. 

ARTICLE    5. 

1.  The  judicial  power  shall  be  vested  in  a  supreme  court  of  appeals, 
in  such  superior  courts  as  the  legislature  may  from  time  to  time  ordain 


VIRGINIA.  189 

and  establish,  and  the  judges  thereof,  in  the  county  courts,  and  in  jus- 
tices of  the  peace.  The  legislature  may  also  vest  such  jurisdiction  as 
shall  be  deemed  necessary  in  corporation  courts ;  and  in  the  magistrates 
who  may  belong  to  the  corporate  body.  The  jurisdiction  of  these  tri- 
bunals, and  of  the  judges  thereof,  shall  be  regulated  by  law.  The  judges 
of  the  supreme  court  of  appeals  and  of  the  superior  courts,  shall  hold 
their  offices  during  good  behaviour,  or  until  removed  in  the  manner 
prescribed  in  tliis  constitution  ;  and  shall,  at  the  same  time,  hold  no 
other  office,  appointment,  or  public  trust ;  and  the  acceptance  thereof 
by  either  of  them  shall  vacate  his  judicial  office. 

2.  No  law  abolishing  any  court  shall  be  construed  to  deprive  a  judge 
thereof  of  his  office,  unless  two-thirds  of  the  members  of  each  house 
present  concur  in  the  passing  thereof;  but  the  legislature  may  assign 
other  judicial  duties  to  the  judges  of  courts  abolished  by  any  law  enact- 
ed by  less  than  two-thirds  of  the  members  of  each  house  present. 

3.  The  present  judges  of  the  supreme  court  of  appeals,  of  the  general 
court,  and  of  the  supreme  courts  of  chancery,  shall  remain  in  office 
until  the  termination  of  the  session  of  the  first  legislature  elected  under 
this  constitution,  and  no  longer. 

4.  The  judges  of  the  supreme  court  of  appeals  and  of  the  superior 
courts  shall  be  elected  by  the  joint  vote  of  both  houses  of  the  general 
assembly. 

5.  The  judges  of  the  supreme  court  of  appeals  and  of  the  superior 
courts  shall  receive  fixed  and  adequate  salaries,  which  shall  not  be  di- 
minished during  their  continuance  in  office. 

6.  Judges  may  be  removed  from  office  by  a  concurrent  vote  of  both 
houses  of  the  general  assembly  ;  but  two-thirds  of  the  members  present 
must  concur  in  such  vote,  and  the  cause  of  removal  shall  be  entered  on 
the  journals  of  each.  The  judge  against  whom  the  legislature  may  be 
about  to  proceed  shall  receive  notice  thereof,  accompanied  with  a  copy 
of  the  causes  alleged  for  his  removal,  at  least  twenty  days  before  the  day 
on  which  either  house  of  the  general  assembly  shall  act  thereupon. 

7.  On  the  creation  of  any  new  county,  justices  of  the  peace  shall  be 
appointed,  in  the  first  instance,  in  such  manner  as  may  be  prescribed 
by  law.  When  vacancies  shall  occur  in  any  county,  or  it  shall,  for 
any  cause,  be  deemed  necessary  to  increase  the  number,  appointments 
shall  be  made  by  the  governor,  on  the  recommendation  of  the  respective 
county  courts. 

8.  The  attorney-general  shall  be  appointed  by  joint  vote  of  the  two 
houses  of  the  general  assembly,  and  commissioned  by  the  governor, 
and  shall  hold  his  office  during  the  pleasure  of  the  general  assembly. 
The  clerks  of  the  several  courts,  when  vacancies  shall  occur,  shall 
be  appointed  by  their  respective  courts,  and  the  tenure  of  office,  as 
well  of  those  now  in  office  as  of  those  who  may  be  hereafter,  appoint- 
ed, shall  be  prescribed  by  law.  The  sheriffs  and  coroners  shall  be  no- 
minated by  the  respective  county  courts,  and  when  approved  by  the 
governor,  shall  be  commissioned  by  him.  The  judges  shall  appoint 
constables.  And  all  fees  of  the  aforesaid  officers,  shall  be  regulated  by 
law. 

9.  Writs  shall  run  in  the  name  of  the  commonwealth  of  Virginia, 
and  bear  teste  by  the  clerks  of  the  several  courts.  Indictments  shall 
conclude,  against  the  peace  and  dignity  of  the  commonwealth. 


190  CONSTITUTION   OF 

ARTICLE   6. 

A  treasurer  shall  be  appointed  annually  by  joint  vote  ol  Dotn  uousks, 

ARTICLE  7. 

The  executive  department  of  the  govgrnment  shall  remain  as  at  pre- 
sent organized,  and  the  governor  and  privy  counsellors  shall  continue  in 
office,  until  a  governor,  elected  under  this  constitution,  shall  come  into 
office :  and  all  other  persons  in  office  when  this  constitution  shall  be 
adopted,  except  as  is  herein  otherwise  expressly  directed,  shall  continue 
in  office,  till  successors  shall  be  appointed,  or  the  law  shall  otherwise 
provide  ;  and  all  the  courts  of  justice  now  existing  shall  continue  with 
their  present  jurisdiction,  until  and  except  so  far  as  the  judicial  system 
may  or  shall  be  hereafter  otherwise  organized  by  the  legislature. 

Done  in  convention,  in  the  city  of  Richmond,  on  the  fifteenth  day  of 
January,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty,  and  in  the  fifty-fourth  year  of  the  independence  of  the 
United  States  of  America. 

PHILIP  P.  BARBOUR, 

JPresidejit  of  the  Convention, 
D.  Briggs,  Secretary  of  the  Convention. 


CONSTITUTION  OF  NORTH  CAROLINA 


The  Constitution  or  form  of  Government,  agreed  to  and  resolved 
up07i,  by  the  Representatives  of  the  freemen  of  the  state  ofJ\^orth 
Carolina,  elected  and  chosen  for  that  particular  purpose,  in  Con- 
gress  assembled,  at  Halifax,  December  18,  1776. 

A    DECLARATIOIf    OF    RIGHTS,  &C. 

1.  That  all  political  power  is  vested  in,  and  derived  from,  the  people 
only. 

2.  That  the  people  of  this  state  ought  to  have  the  sole  and  exclusive 
right  of  regulating  the  internal  government  and  police  thereof. 

3.  That  no  men,  or  set  of  men,  are  entitled  to  exclusive  or  separate 
emoluments  or  privileges  from  the  community,  but  in  consideration  of 
public  services. 

4.  That  the  legislative,  executive,  and  supreme  judicial  powers  of 
government,  ought  to  be  for  ever  separate  and  distinct  from  each  other. 

5.  That  all  powers  of  suspending  laws,  or  the  execution  of  laws,  by 
any  authority,  without  consent  of  the  representatives  of  the  people,  is 
injurious  to  their  rights,  and  ought  not  to  be  exercised. 

6.  That  elections  of  members  to  serve  as  representatives  in  general 
assembly  ought  to  be  free. 


NORTH    CAROLINA.  191 

7.  That  in  all  criminal  prosecutions,  every  man  has  a  right  to  be  in- 
formed of  the  accusation  against  him,  and  to  confront  the  accusers  and 
witnesses  with  other  testimony,  and  shall  not  be  compelled  to  give  evi- 
dence against  himself. 

8.  That  no  freeman  shall  be  put  to  answer  any  criminal  charge,  but 
by  indictment,  presentment,  or  impeachment. 

9.  That  no  freeman  shall  be  convicted  of  any  crime,  but  by  the  unani- 
mous verdict  of  a  jury  of  good  and  lawful  men,  in  open  court,  as  hereto- 
fore used. 

10.  That  excessive  bail  should  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  nor  unusual  punishments  inflicted. 

11.  That  general  warrants,  whereby  any  officer  or  messenger  may  be 
commanded  to  search  suspected  places,  without  evidence  of  the  fact  com- 
mitted, or  to  seize  any  person  or  persons,  not  named,  whose  offences  are 
no,  particularly  described,  and  supported  by  evidence,  are  dangerous  to 
liberty,  and  ought  not  to  be  granted. 

12.  That  no  freeman  ought  to  be  taken,  imprisoned,  or  disseized  of 
his  freehold,  liberties,  or  privileges,  or  outlawed  or  exiled,  or  in  any  man- 
ner destroyed,  or  deprived  of  his  life,  liberty  or  property,  but  by  the 
law  of  the  land. 

13.  That  every  freeman  restrained  of  his  liberty  is  entitled  to  a 
remedy,  to  inquire  into  the  lawfulness  thereof,  and  to  remove  the 
same,  if  unlawful ;  and  that  such  remedy  ought  not  to  be  denied  or 
delayed. 

H.  That  in  all  controversies  at  law,  respecting  property,  the  ancient 
mode  of  trial  by  jury  is  one  of  the  best  securities  of  the  rights  of  the 
people,  and  ought  to  remain  sacred  and  inviolable. 

15.  That  the  freedom  of  the  press  is  one  of  the  great  bulwarks  of 
liberty  ;  and  therefore  ought  never  to  be  restrained. 

16.  That  the  people  of  this  state  ought  not  to  be  taxed,  or  made  sub- 
ject to  the  payment  of  any  impost,  or  duty,  without  the  consent  of  them- 
selves, or  their  representatives  in  general  assembly  freely  given. 

17.  That  the  people  have  a  right  to  bear  arms,  for  the  defence  of  the 
state ;  and  as  standing  armies,  in  time  of  peace,  are  dangerous  to  liberty, 
they  ought  not  to  be  kept  up ;  and  that  the  military  should  be  kept  un 
der  strict  subordination  to,  and  governed  by,  the  civil  power. 

18.  That  the  people  have  a  right  to  assemble  together,  to  consult  fo* 
the  common  good,  to  instruct  their  representatives,  and  to  apply  to  the 
legislature  for  redress  of  grievances. 

19.  That  all  men  have  a  natural  and  unalienable  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  conscience. 

20.  That,  for  redress  of  grievances,  and  for  amending  and  strengthen- 
ing the  laws,  elections  ought  to  be  often  held. 

21.  That  a  frequent  recurrence  to  fundamental  principles  is  absolutclj 
necessary  to  preserve  the  blessings  of  liberty. 

22.  That  no  hereditary  emoluments,  priATileges,  or  honours  ought  to 
be  granted  or  conferred  in  this  state. 

23.  That  perpetuities  and  monopolies  are  contrary  to  the  genius  of  a 
free  state,  and  ought  not  to  be  allowed. 

24.  That  retrospective  laws,  punishing  facts  committed  belbre  the 
existence  of  such  laws,  and  by  them  only  declaied  criminal,  are  oppres 


192  CONSTITUTION   OF 

sive,  unjust,  and  incompatible  with  liberty  ;  wherefore,  no  ex  post  facto 
law  ought  to  be  made. 

25.  The  property  of  the  soil,  in  a  free  government,  being  one  of  tlie 
essential  rights  of  the  collective  body  of  the  people,  it  is  necessary,  in 
order  to  avoid  future  disputes,  that  the  limits  of  the  state  should  be 
ascertained  with  precision :  and  as  the  fonuer  temporary  line  between 
North  and  South  Carolina  was  confirmed,  and  extended  by  commission- 
ers, appointed  by  the  legislatures  of  the  two  states,  agreeable  to  the  order 
of  the  late  king  George  II.  in  council,  that  line,  and  that  only,  should 
be  esteemed  the  southern  boundary  of  this  state  ;  that  is  to  say,  be- 
ginning on  the  sea-side,  at  a  cedar  stake  at  or  near  the  mouth  of  Little 
River,  (being  the  southern  extremity  of  Brunswick  county,)  and  running 
from  thence  a  north-west  course,  through  the  boundary-house,  which 
stands  in  thirty-three  degrees  fifty-six  minutes,  to  thirty-five  degrees 
north  latitude ;  and  from  thence  a  west  course,  so  far  as  is  mentioned 
in  the  charter  of  king  Charles  II.  to  the  late  proprietors  of  Carolina. 
Therefore,  all  the  territory,  seas,  waters,  and  harbours,  with  their  appur- 
tenances, lying  between  the  line  above  described,  and  the  southern  hue 
of  the  state  of  Virginia,  which  begins  on  the  sea-shore,  in  thirty-six 
degrees  thirty  minutes  north  latitude,  and  from  thence  runs  west,  agree- 
able to  the  said  charter  of  king  Charles,  are  the  right  and  property  of 
the  people  of  this  state,  to  be  held  by  them  in  sovereignty :  any  partial 
Une,  without  the  consent  of  the  legislature  of  this  state,  at  any  time 
thereafter  directed  or  laid  out,  in  any  wise  notwithstanding :  provided 
always,  that  this  declaration  of  right  shall  not  prejudice  any  nation  or 
nations  of  Indians,  from  enjoying  such  hunting  grounds  as  may  have 
been,  or  hereafter  shall  be  secured  to  them,  by  any  former  or  future 
legislature  of  this  state  :  And  provided  also,  that  it  shall  not  be  construed 
so  as  to  prevent  the  establishment  of  one  or  more  governments  west- 
ward of  this  state,  by  consent  of  the  legislature :  And  provided  further, 
that  nothing  herein  contained  shall  affect  the  titles  or  possessions  of  in- 
dividuals holding  or  claiming  under  the  laws  heretofore  in  force,  or 
grants  heretofore  made  by  the  late  king  George  II.,  or  his  predecessors; 
or  the  late  lords,  proprietors,  or  any  of  them. 

The  Constitution,  or  Form  of  Government,  &c. 

Whereas  allegiance  and  protection  are  in  their  nature  reciprocal, 
and  the  one  should  of  right  be  refused  when  the  other  is  withdrawn : 

And  whereas  George  the  Third,  king  of  Great  Britain,  and  late  sove 
reign  of  the  British  American  colonies,  hath  not  only  withdrawn  from 
them  his  protection,  but,  by  an  act  of  the  British  legislature,  declared  j 
the  inhabitants  of  these  states  out  of  the    y)rotection   of  the  British 
crown,  and  all  their  property  found  upon  the  high-seas  liable  to  be' 
seized  and  confiscated  to  the  uses  mentioned  in  the  said  act ;  and  the 
said  George  the  Third  has  also  sent  fleets  and  armies  to  prosecute  a  cruel 
war  against  them,  for  the  purpose  of  reducing  the  inhabitants  of  the 
said  colonies  to  a  state  of  abject  slavery  ;  in  consequence  whereof,  alll 
government,  under  the  said  king,  within  the  said  colonies,  hath  ceased 
and  a  total  dissolution  of  government,  in  many  of  them,  hath  taken 
place : 

And  whereas  the  continental  congress,  having  considered  the  pre. 


NORTH    CAROLINA.  193 

miscs,  and  other  previous  violations  of  the  rights  of  the  good  people  of 
America,  have  therefore  declared  that  the  thirteen  united  colonies  are, 
of  right,  wholly  absolved  from  all  allegiance  to  the  British  crown,  or  any- 
other  foreign  jurisdiction  whatsoever;  and  that  the  said  colonies  now 
are,  and  for  ever  shall  be,  free  and  independent  states  : 

Wherefore,  in  our  present  state,  in  order  to  prevent  anarchy  and  con- 
fusion, it  becomes  necessary  that  government  should  be  established  in 
this  state  ;  therefore,  we,  the  representatives  of  the  freemen  of  North 
Carolina,  chosen  and  assembled  in  congress  for  the  express  purpose  of 
framing  a  constitution,  under  the  authority  of  the  people,  most  condu- 
cive to  their  happiness  and  prosperity,  do  declare,  that  a  govermnent  for 
this  state  shall  be  established,  in  manner  and  form  following,  to  ivit : 

1.  That  the  legislative  authority  shall  be  vested  in  two  distinct 
branches,  both  dependent  on  the  people,  to  ivit,  a  senate  and  house  of 
commons. 

2.  That  the  senate  shall  be  composed  of  representatives,  annually 
chosen  by  ballot,  one  for  each  county  in  the  state. 

3.  That  the  house  of  commons  shall  be  composed  of  representatives, 
annually  chosen  by  ballot,  two  for  each  county,  and  one  for  each  of  the 
towns  of  Edenton,  Newborn,  Wilmington,  Salisbury,  Hillsborough,  and 
Halifax. 

4.  That  the  senate  and  house  of  commons,  assembled  for  the  purpose 
of  legislation,  shall  be  denominated  the  general  assembly. 

5.  That  each  member  of  the  senate  shall  have  usually  resided  in  the 
county  in  which  he  is  chosen  for  one  year  immediately  preceding  his 
election,  and  for  the  same  time  shall  have  possessed,  and  continue 
to  possess,  in  the  county  which  he  represents,  not  less  than  three 
hundred  acres  of  land  in  fee. 

6.  That  each  member  of  the  house  of  commons  shall  have  usually  re- 
sided in  the  county  in  which  he  is  chosen  for  one  year  immediately  pre- 
ceding his  election,  and  for  six  months  shall  have  possessed,  and  con- 
tinue to  possess,  in  the  county  which  he  represents,  not  less  tlian  one 
hundred  acres  of  land  in  fee,  or  for  the  term  of  his  own  life«« 

7.  That  all  freemen  of  the  age  of  twenty-one  years,  who  have 
been  inhabitants  of  any  one  county  within  the  state  twelve  months  im- 
mediately preceding  the  day  of  any  election,  and  possessed  of  a  freehold, 
within  the  same  county,  of  fifty  acres  of  land,  for  six  months  next 
before,  and  at  the  day  of  election,  shall  be  entitled  to  vote  for  a  member 
of  the  senate. 

8.  That  all  freemen  of  the  age  of  twenty-one  years,  who  have  been 
inhabitants  of  any  one  county  within  the  state  twelve  months  imme- 
diately preceding  the  day  of  any  election,  and  shall  have  paid  public 
taxes,  shall  be  entitled  to  vote  for  members  of  the  house  of  commons,  for 
the  county  in  which  he  resides. 

9.  That  all  persons  possessed  of  a  freehold,  in  any  town  in  this  state, 
having  a  right  of  representation,  and  also  all  freemen,  who  have  been 
inhabitants  of  any  such  town  twelve  months  next  before,  and  at  the  day 
of  election,  and  shall  have  paid  public  taxes,  shall  be  entitled  to  vote  for 
a  member  to  represent  such  town  in  the  house  of  commons  :  provided, 
always,  that  this  section  shall  not  entitle  any  inhabitant  of  such  town 
to  vote  for  members  of  the  house  of  commons  for  the  county  in  which 

R 


194  CONSTITUTION   OF 

he  may  reside ;  nor  any  freeholder  in  such  county,  who  resides  without 
or  beyond  the  limits  of  such  town,  to  vote  for  a  member  of  the  said  town. 

10.  That  the  senate  and  house  of  commons,  when  met,  shall  each 
have  power  to  choose  a  speaker,  and  other  their  officers  ;  be  judges  of  the 
qualifications  and  elections  of  their  members ;  sit  upon  their  own  ad- 
journments from  day  to  day  ;  and  prepare  bilk  to  be  passed  into  laws. 
The  two  houses  shall  direct  writs  of  election,  for  supplying  intermediate 
vacancies :  and  shall  also  jointly,  by  ballot,  adjourn  themselves  to  any 
future  day  and  place. 

11.  That  all  bills  shall  be  read  three  times  in  each  house,  before  they 
pass  into  laws,  and  be  signed  by  the  speakers  of  both  houses. 

12.  That  every  person,  who  shall  be  chosen  a  member  of  the  senate  or 
house  of  commons,  or  appointed  to  any  office  or  place  of  trust,  before 
taking  his  seat,  or  entering  upon  the  execution  of  his  office,  shall  taKC 
an  oath  to  the  state :  and  all  officers  shall  take  an  oath  of  office. 

13.  That  the  general  assembly  shall,  by  joint  ballot  of  both  houses, 
appoint  judges  of  the  supreme  courts  of  law  and  equity,  judges  of  ad 
miralty,  and  attorney-general,  who  shall  be  commissioned  by  the  gover 
nor,  and  hold  their  offices  during  good  behaviour. 

14.  That  the  senate  and  house  of  commons  shall  have  power  to  ap- 
point the  generals  and  field  officers  of  the  militia,  and  all  officers  of  the 
regular  army  of  this  state. 

15.  That  the  senate  and  house  of  commons,  jointly,  at  their  first 
meeting  after  each  annual  election,  shall,  by  ballot,  elect  a  governor  for 
one  year,  who  shall  not  be  eligible  to  that  office  longer  than  three  years, 
in  six  successive  years  ;  that  no  person  under  thirty  years  of  age,  and 
who  has  not  been  a  resident  in  this  state  above  five  years,  and  having, 
in  the  state,  a  freehold  in  lands  and  tenements,  above  the  value  of  one 
thousand  pounds,  shall  be  eligible  as  a  governor. 

16.  That  the  senate  and  house  of  commons,  jointly,  at  their  first 
meeting,  after  each  annual  election,  shall,  by  ballot,  elect  seven  persons 
to  be  a  council  of  state  for  one  year ;  who  shall  advise  the  governor  in 
the  execution  of  his  office  :  and  that  four  members  shall  be  a  quorum  ; 
their  advice  and  proceedings  shall  be  entered  in  a  journal,  to  be  kept  for 
that  purpose  only,  and  signed  by  the  members  present ;  to  any  part  of 
which  any  member  present  may  enter  his  dissent.  And  such  journal 
shall  be  laid  before  the  general  assembly  when  called  for  by  them. 

17.  That  there  shall  be  a  seal  of  this  state,  which  shall  be  kept  by  the 
governor,  and  used  by  him  as  occasion  may  require ;  and  shall  be  called, 
the  great  seal  of  the  State  of  JVorth  CaroUna,  and  shall  be  affixed  to 
all  grants  and  commissions. 

18.  The  governor,  for  the  time  being,  shall  be  .captain-general  and 
commander-in-chief  of  the  militia ;  and  in  the  recess  of  the  general  as- 
sembly, shall  have  power,  by  and  with  the  advice  of  the  council  of  state, 
to  embody  the  militia  for  tlie  public  safety. 

19.  The  governor,  for  the  time  being,  shall  have  power  to  draw  for 
and  apply  such  sums  of  money  as  shall  be  voted  by  the  general  assem- 
bly, for  the  contingencies  of  government,  and  be  accountable  to  them 
for  the  same.  He  also  may,  by  and  with  the  advice  of  the  council  of 
state,  lay  embargoes,  or  prohibit  the  exportation  of  any  commodity,  for 
any  term  not  exceeding  thirty  days,  at  any  one  time  in  the  recess 


k 


NORTH    CAROLINA.  195 

the  general  assembly  ;  and  shall  have  the  power  of  granting  pardons 
and  reprieves,  except  where  the  prosecution  shall  be  carried  on  by  the 
general  assembly,  or  the  law  shall  otherwise  direct ;  in  which  case,  he 
may,  in  the  recess,  grant  a  reprieve  until  the  next  sitting  of  the  general 
assembly  ;  and  he  may  exercise  all  the  other  executive  powers  of  go- 
vernment, limited  and  restrained,  as  by  this  constitution  is  mentioned, 
and  according  to  the  laws  of  the  state.  And,  on  his  death,  inability,  or 
absence  from  the  state,  the  speaker  of  the  senate,  for  the  time  being,  and 
in  case  of  his  death,  inability,  or  absence  from  the  state,  the  speaker 
of  the  house  of  commons,  shall  exercise  the  powers  of  government, 
after  such  death,  or  during  such  absence  or  inabiUty  of  the  governor,  or 
speaker  of  the  senate,  or  until  a  new  nomination  is  made  by  the  general 
assembly. 

20.  That,  in  every  case,  where  any  officer,  the  right  of  whose  ap- 
pointment is,  by  this  constitution,  vested  in  the  general  assembly,  shall, 
during  their  recess,  die,  or  his  office  by  other  means  become  vacant,  the 
governor  shall  have  power,  with  the  advice  of  the  council  of  state,  to  fill 
up  such  vacancy,  by  granting  a  temporary  commission,  which  shall  ex- 
pire at  the  end  of  the  next  session  of  the  general  assembly. 

21.  That  the  governor,  judges  of  the  supreme  court  of  law  and  equity, 
judges  of  admiralty,  and  attorney-general,  shall  have  adequate  salaries, 
during  their  continuance  in  office. 

22.  That  the  general  assembly  shall,  by  joint  ballot  of  both  houses, 
annually  appoint  a  treasurer  or  treasurers  for  this  state. 

23.  That  the  govenior,  and  other  officers,  offending  against  the  state, 
by  violating  any  part  of  this  constitution,  maladministration,  or  corrup- 
tion, may  be  prosecuted,  on  the  impeachment  of  the  general  assembly, 
or  presentment  of  the  grand  jury  of  any  court  of  supreme  jurisdiction 
in  this  state. 

24.  That  the  general  assembly  shall,  by  joint  ballot  of  both  houses, 
tricnnially  appoint  a  secretary  for  this  state. 

25.  That  no  persons  who  heretofore  have  been,  or  hereafter  may  be. 
receivers  of  public  moneys,  shall  have  a  seat  in  either  house  of  general 
assembly,  or  be  eligible  to  any  office  in  this  state,  until  such  person  shall 
have  fully  accounted  for,  and  paid  into  the  treasury,  all  sums  for  which 
they  may  be  accountable  and  liable. 

26.  That  no  treasurer  shall  have  a  seat,  either  in  the  senate,  house  of 
commons,  or  council  of  state,  during  his  continuance  in  that  office,  or 
before  he  shall  have  finally  settled  his  accounts  with  the  public,  for  all 
the  moneys  which  may  be  in  his  hemds,  at  the  expiration  of  his  office, 
belonging  to  the  state,  and  hath  paid  the  same  into  the  hands  of  the  suc- 
ceeding treasurer. 

27.  That  no  officer  in  the  regular  army  or  navy,  in  the  service  and 
pay  of  the  United  States,  of  this  state  or  any  other  state,  nor  any  con- 
tractor or  agent  for  supplying  such  army  or  navy  with  clothing  or  pro- 
visions, shall  have  a  seat  cither  in  the  senate,  house  of  commons,  or 
council  of  state,  or  be  eligible  thereto ;  and  any  member  of  the  senate, 
house  of  commons,  or  council  of  state,  being  appointed  to,  and  accepting 
of  such  office,  shall  thereby  vacate  his  seat. 

28.  That  no  member  of  the  council  of  state  shall  have  a  seat,  either 
in  the  senate  or  house  of  commons. 

29.  That  no  judge  of  the  supreme  court  of  law  or  equity,  or  judge  of 


196  CONSTITUTION    OF 

admiralty,  shall  have  a  seat  in  the  senate,  house  of  commons,  or  council 
of  state. 

30.  That  no  secretary  of  this  state,  attorney-general,  or  clerk  of  any 
court  of  record,  shall  have  a  seat  in  the  senate,  house  of  commons,  or 
council  of  state. 

31.  That  no  clergyman,  or  preacher  of  the  gospel,  of  any  denomina- 
tion, shall  be  capable  of  being  a  member  of  either  the  senate,  house  of 
commons,  or  council  of  state,  while  he  continues  in  the  exercise  of  his 
pastoral  function. 

32.  That  no  person  who  shall  deny  the  being  of  God,  or  the  truth  of 
the  Protestant  religion,  or  the  divine  authority  of  either  the  Old  or  New 
Testaments,  or  who  shall  hold  religious  principles  incompatible  with  the 
freedom  and  safety  of  the  state,  shall  be  capable  of  holding  any  office,  or 
place  of  trust  or  profit,  in  the  civil  department,  within  this  state, 

33.  That  the  justices  of  the  peace,  within  their  respective  counties  in 
this  state,  shall  in  future  be  recommended  to  the  governor  for  the  time 
being,  by  the  representatives  in  general  assembly  ;  and  the  governor 
shall  commission  them  accordingly  :  and  the  justices,  when  so  commis- 
sioned, shall  hold  their  offices  during  good  behaviour,  and  shall  not  be 
removed  from  office  by  the  general  assembly,  unless  for  misbehaviour, 
absence,  or  inability. 

34.  That  there  shall  be  no  establishment  of  any  one  religious  church 
or  denomination  in  this  state,  in  preference  to  any  other ;  neither  shall 
any  person,  on  any  pretence  whatsoever,  be  compelled  to  attend  any  place 
of  worship  contrary  to  his  own  faith  or  judgment,  nor  be  obliged  to  pay 
for  the  purchase  of  any  glebe,  or  the  building  of  any  house  of  worship, 
or  for  the  maintenance  of  any  minister  or  ministry,  contrary  to  what  he 
believes  right,  or  has  voluntarily  and  personally  engaged  to  perform  ;  but 
all  persons  shall  be  at  liberty  to  exercise  their  own  mode  of  worship : 
Provided,  that  nothing  herein  contained  shall  be  construed  to  exempt 
preachers  of  treasonable  or  seditious  discourses,  from  legal  trial  and 
punishment. 

35.  That  no  person  in  the  state  shall  hold  more  than  one  lucrative 
office  at  any  one  time  :  Provided  that  no  appointment  in  the  militia,  or 
the  office  of  a  justice  of  the  peace,  shall  be  considered  as  a  lucrative 
office. 

36.  That  all  commissions  and  grants  shall  run  in  the  name  of  the  state 
of  North  Carolina,  and  bear  test,  and  be  signed  by  the  governor.  All 
writs  shall  run  in  the  same  manner,  and  bear  test,  and  be  signed  by  the 
clerks  of  the  respective  courts.  Indictments  shall  conclude,  against  the 
peace  and  dignity  of  the  state. 

37.  That  the  delegates  for  this  state  to  the  continental  congress, 
while  necessary,  shall  be  chosen  annually  by  the  general  assembly,  by 
ballot ;  but  may  be  superseded,  in  the  mean  time,  in  the  same  manner ; 
and  no  person  shall  be  elected  to  serve  in  that  capacity  for  more  than 
three  years  successively. 

38.  That  there  shall  be  a  sheriff,  coroner,  or  coroners,  and  constables, 
in  each  county  within  this  state. 

39.  That  the  person  of  a  debtor,  where  there  is  not  a  strong  presump- 
tion of  fraud,  shall  not  be  continued  in  prison  after  delivering  up,  bona 
Jide,  all  his  estate,  real  and  personal,  for  the  use  of  his  creditors,  in  such 
manner  as  shall  hereafter  be  regulated  by  law.     All  prisoners  shall  be 


r 


NORTH   CAROLINA.  197 

bailable  by  sufficient  sureties,  unless  for  capital  offences,  when  the  proof 
is  evident,  or  the  presumption  great. 

40.  That  every  foreigner  who  comes  to  settle  in  this  state,  having  first 
taken  an  oath  of  allegiance  to  the  same,  may  purchase,  or,  by  other  just 
means,  acquire,  hold,  and  transfer  land,  or  other  real  estate,  and  after 
one  year's  residence  be  deemed  a  free  citizen. 

41.  That  a  school  or  schools  shall  be  established  by  the  legislature,  for 
the  convenient  instruction  of  youth,  with  such  salaries  to  the  masters, 
paid  by  the  public,  as  may  enable  them  to  instruct  at  low  prices  ;  and, 
all  useful  learning  shall  be  duly  encouraged  and  promoted  in  one  or 
more  universities. 

42.  That  no  purchase  of  lands  shall  be  made  of  the  Indian  natives, 
but  on  behalf  of  the  public,  by  authority  of  the  general  assembly. 

43.  That  the  future  legislature  of  this  state  shall  regulate  entails,  in 
such  a  manner  as  to  prevent  perpetuities. 

44.  That  the  declaration  of  rights  is  hereby  declared  to  be  part  of  the 
constitution  of  this  state,  and  ought  never  to  be  violated  on  any  pre- 
tence whatsoever. 

45.  That  any  member  of  either  house  of  general  assembly  shall  have 
liberty  to  dissent  from  and  protest  against  any  act  or  resolve  which  he 
may  think  injurious  to  the  public,  or  any  individual,  and  have  the  rea- 
sons of  his  dissent  entered  on  the  journals. 

46.  That  neither  house  of  the  general  assembly  shall  proceed  upon 
public  business,  unless  a  majority  of  all  the  members  of  such  house  are 
actually  present ;  and  that  upon  a  motion  made  and  seconded,  the  yeas 
and  nays,  upon  any  question,  shall  be  taken  and  entered  on  the  journals  : 
and  that  the  journals  of  the  proceedings  of  both  houses  of  the  general 
assembly  shall  be  printed,  and  made  public,  immediately  after  their  ad- 
journment. 

This  constitution  is  not  intended  to  preclude  the  present  congress  from 
making  a  temporary  provision,  for  the  well  ordering  of  this  state,  until 
the  general  assembly  shall  establish  government  agreeable  to  the  mode 
herein  before  described. 

RICHARD  CASWELL,  President. 

December  the  eighteenth,  one  thousand  seven  hundred  and  seventy 
six,  read  the  third  time,  and  ratified  in  open  congress. 
By  order : 

JAMES  GREEN,  Jun.  Secretary. 


K3 


198  CONSTITUTION   OF 

AMENDMENTS 

Made  in  Convention,  .Time  4,  1835,  and  ratified  by  the  people^ 
JSTovember  9,  to  take  effect  January  1,  1836. 

ARTfCLE    1. 

Section  1. 
§  1.  The  senate  of  this  state  shall  consist  of  fifty  representatives,  bien- 
nially chosen  by  ballot,  and  to  be  elected  by  districts  ;  which  districts  shall 
be  laid  off  b}'  the  general  assembly,  at  its  first  session  after  the  year  one 
thousand  eight  hundred  and  forty-one ;  and  afterwards,  at  its  first  ses- 
sion after  the  year  one  thousand  eight  hundred  and  fifty-one;  and  then 
every  twenty  years  thereafter,  in  proportion  to  the  public  taxes  paid  into  the 
treasury  of  the  state,  by  the  citizens  thereof;  and  the  average  of  the  public 
taxes  paid  by  each  county  into  the  treasury  of  the  state,  for  the  five  years 
preceding  the  laying  otf  of  the  districts,  shall  be  considered  as  its 
proportion  of  the  public  taxes,  and  constitute  the  basis  of  apportionment: 
Provided  that  no  county  shall  be  divided  in  the  formation  of  a 
senatorial  district.  And  when  there  are  one  or  more  counties  having  an 
excess  of  taxation  above  the  ratio  to  form  a  senatorial  district,  adjoining 
a  county  or  counties  deficient  in  such  ratio,  the  excess  or  excesses 
aforesaid  shall  be  added  to  the  taxation  of  the  county  or  counties 
deficient;  and  if,  with  such  addition,  the  county  or  counties  receiving  it 
shall  have  the  requisite  ratio,  such  county  and  counties  each  shall 
constitute  a  senatorial  district. 

2.  The  house  of  commons  shall  be  composed  of  one  hundred  and 
twenty  representatives,  biennially  chosen  by  ballot,  to  be  elected  by 
counties  according  to  their  federal  population,  that  is,  according  to  their 
res{>ective  numbers,  which  shall  be  determined  by  adding  to  the  whole 
number  of  free  |>ersons,  including  those  bound  to  service  for  a  term 
of  years,  and  excluding  Indians  not  taxed,  three-fifths  of  all  other 
persons ;  and  each  county  shall  have  at  least  one  member  in  the  house 
of  commons,  although  it  may  not  contain  the  requisite  ratio  of  popula- 
tion. 

3.  This  apportionment  shall  be  made  by  the  general  assembly,  at  the 
respective  times  and  periods  when  the  districts  for  the  senate  are  herein- 
before directed  to  be  laid  off;  and  the  said  apportionment  shall  be  made 
according  to  an  enumeration  to  be  ordered  by  the  general  assembly,  or 
according  to  the  census  which  may  be  taken  by  order  of  congress,  next 
preceding  the  making  such  apportionment. 

4.  In  making  the  apportionment  in  the  house  of  commons,  the  ratio 
of  representation  shall  be  ascertained  by  dividing  the  amount  of  federal 
population  in  the  state,  after  deducting  that  comprehended  within  those 
counties  which  do  not  severally  contain  the  one  hundred  and  twentieth 
part  of  the  entire  federal  population  aforesaid,  by  the  number  of  represen- 
tatives less  than  the  number  assigned  to  the  said  counties.  To  each 
county  containing  the  said  ratio,  and  not  twice  the  said  ratio,  there  shall 
be  assigned  one  representative;  to  each  county  containing  twice,  but  not 
three  times  the  said  ratio,  there  shall  be  assigned  two  representatives,  and 
so  on  progressively  ;  and  then  the  remaining  representatives  shall  be 
assigned  severally  to-  the  counties  having  the  largest  fractions. 


-      NORTH    CAROLINA.  199 

Section  3, 

§  1.  Until  the  first  session  of  the  general  assembly,  which  shall  be 
had  after  the  year  eighteen  hundred  and  forty-one,  the  senate  shall  be 
composed  of  members  to  be  elected  from  tbe  several  districts  hereinafter 
named,  thai  is  to  say,  the  first  district  shall  consist  of  the  counties  of 
Perquimons  and  Pasquotank;  the  2d  district,  of  Camden  and  Currituck  ; 
the  3d  district,  Gates  and  Chowan ;  the  4th  district,  Washington  and 
Tyrrell ;  the  5th  district,  Northampton ;  the  6th  district,  Hertford ;  the 
7th  district,  Bertie;  the  8th  district,  Martin;  the  9th  district,  Halifax; 
the  10th  district,  Nash;  the  11th  district.  Wake;  the  12th  district, 
Franklin;  the  13th  district,  Johnston;  the  14th  district,  Warren;  the 
15th  district,  Edgecomb;  the  16th  district,  Wayne;  the  17th  district, 
Green  and  Lenoir;  the  18th  district,  Pitt;  the  19th  district,  Beaufort 
and  Hyde;  the  20th  district,  Carteret  and  Jones;  the  21st  district, 
Craven;  the  22d  district,  Chatham;  the  23d  district,  Granville;  the 
24th  district.  Person ;  the  25th  district,  Cumberland  ;  the  26th  district, 
Sampson  ;  the  27th  district,  New-Hanover ;  the  2Sth  district,  Duplin  ;  the 
29th  district,  Onslow  ;  the  30th  district,  Brunswick,  Bladen,  and  Colum- 
bus ;  the  3 1st  district,  Robeson  and  Richmond  ;  the  32d  district,  Anson  ; 
the  33d  district,  Cabarrus ;  the  34th  district,  Moore  and  Montgomery ; 
the  o5th  district,  Caswell ;  the  36th  district,  Rockingham  ;  the  37th 
district,  Orange ;  the  38th  district,  Randolph ;  the  39th  district,  Guilford  ; 
the  40th  district,  Stokes;  the  41st  district.  Rowan;  the  42nd  district, 
Davidson  ;  the  43d  district,  Surry  ;  the  44th  district,  Wilkes  and  Ashe  ; 
the  45th  district,  Burke  and  Yancy  ;  the  46th  district,  Lincoln  ;  the  47th 
district,  Iredell ;  the  48th  district,  Rutherford  ;  the  49th  district,  Bun- 
combe, Haywood  and  Macon ;  the  50th  district,  Mecklenburg  : — each 
district  to  be  entitled  to  one  senator. 

2.  Until  the  first  session  of  the  general  assembly  after  the  year 
eighteen  hundred  and  forty-one,  the  house  of  commons  shall  be 
composed  of  members  elected  from  the  counties  in  the  following 
manner,  viz. :  The  counties  of  Lincoln  and  Orange  shall  elect  four 
members  each.  The  counties  of  Burke,  Chatham,  Granville,  Guilford, 
Halifax,  Iredell,  Mecklenburg,  Rowan,  Rutherford,  Surry,  Stokes,  and 
Wake  shall  elect  three  members  each.  The  counties  of  Anson,  Beaufort, 
Bertie,  Buncombe,  Cumberland,  Craven,  Caswell,  Davidson,  Duplin, 
Edgecomb,  Franklin,  Johnston,  Montgomery,  New-Hanover,  North- 
ampton, Person,  Pitt,  Randolph,  Robeson,  Richmond,  Rockingham, 
Sampson,  Warren,  Wayne,  and  Wilkes  shall  elect  two  members  each. 
The  counties  of  Ashe,  Bladen,  Brunswick,  Camden,  Columbus, 
Chowan,  Currituck,  Carteret,  Cabarrus,  Gates,  Greene,  Haywood, 
Hertford,  Hyde,  Jones,  Lenoir,  Macon,  Moore,  Martin,  Nash,  Onslow, 
Pasquotank,  Perquimons,  Tyrrell,  Washington,  and  Yancy  shall  elect 
one  member  each. 

Section  3. 

§  1.  Each  member  of  the  senate  shall  have  usually  resided  in  the 

district  for  which  he  is  chosen  for  one  year  immediately  preceding  his 

election,  and  for  the  same  time  shall  have  possessed  and  continue  to 

possess  in  the  district  which  he  represents,  not  less  than  three  hundred 

cres  of  land  in  fee. 


200  CONSTITUTION    OF 

2.  All  free  men  of  the  age  of  twenty-one  years,  (except  as  is  herein- 
after declared,)  who  have  been  inhabitants  of  any  one  district  witlxin  the 
state  twelve  months  immediately  preceding  the  day  of  any  election, 
and  possessed  of  a  freehold  within  the  same  district  of  fifty  acres  of  land, 
for  six  months  next  before  and  at  the  day  of  election,  shall  be  entitled  to 
vote  for  a  member  of  the  senate. 

3.  No  free  negro,  free  mulatto,  or  free  person  of  mixed  blood,  de- 
scended from  negro  ancestors  to  the  fourth  generation  inclusive,  (thoiigh 
one  ancestor  of  each  generation  may  have  been  a  white  person,)  shall 
vote  for  members  of  the  senate  or  house  of  commons. 

Section  4. 
§   1.  In  the  election  of  all  officers,  whose  appointment  is  conferred 
on  the  general  assembly  by  the  constitution,  the  vote  shall  be  viva  voce. 

2.  The  general  assembly  shall  have  power  to  pass  laws  regulating 
the  mode  of  appointing  and  removing  militia  officers. 

3.  The  general  assembly  shall  have  power  to  pass  general  laws 
regulating  divorce  and  alimony,  but  shall  not  have  power  to  grant  a 
divorce  or  secure  alimony  in  any  individual  case. 

4.  The  general  assembly  shall  not  have  power  to  pass  any  private 
law  to  alter  the  name  of  any  person,  or  to  legitimate  any  persons  not 
born  in  lawful  wedlock,  or  to  restore  to  the  rights  of  citizenship  any 
person  convicted  of  an  infamous  crime ;  but  shall  have  power  to  pass 
general  laws  regulating  the  same. 

5.  The  general  assembly  shall  not  pass  any  private  law,  unless  it 
shall  be  made  to  appear  that  thirty  days  notice  of  application  to  pass 
such  law  shall  have  been  given,  under  such  directions  and  in  such 
manner  as  shall  be  provided  by  law. 

6.  If  vacancies  shall  occur  by  death,  resignation  or  otherwise,  before 
the  meeting  of  the  general  assembly,  writs  may  be  issued  by  the 
governor,  under  such  regulations  as  may  be  prescribed  by  law. 

7.  The  general  assembly  shall  meet  biennially,  and  at  each  biennial 
session  shall  elect,  by  joint  vote  of  the  two  houses,  a  secretary  of  state, 
treasurer  and  council  of  state,  who  shall  continue  in  office  for  the  terra 
of  two  years. 

ARTICLE  2. 

§  1.  The  governor  shall  be  chosen  by  the  qualified  voters  for  the 
members  of  the  house  of  commons,  at  such  time  and  places  as  members 
of  the  general  assembly  are  elected. 

2.  He  shall  hold  his  office  for  the  term  of  two  years  from  the  time  of 
his  installation,  and  until  another  shall  be  elected  and  qualified ;  but  he 
shall  not  be  eligible  more  than  four  years  in  any  term  of  six  years. 

3.  The  returns  of  every  election  for  governor  shall  be  j^ealed  up  and 
transmitted  to  the  seat  of  government,  by  the  returning  officers,  directed 
to  the  speaker  of  the  senate,  who  shall  open  and  publish  them  in  the 
presence  of  a  majority  of  the  members  of  both  houses  of  the  general 
assembly.  The  person  having  the  highest  number  of  votes  shall  be 
governor ;  but  if  two  or  more  shall  be  equal  and  highest  in  votes,  one  of 
them  shall  be  chosen  governor  by  joint  vote  of  both  houses  of  ^Jie 
general  assembly. 


NORTH   CAROLINA.  201 

4.  Contested  elections  for  governor  shall  be  determined  by  both  houses 
of  the  general  assembly,  in  such  manner  as  shall  be  prescribed  by 
law. 

5.  The  governor  elect  shall  enter  on  the  duties  of  the  office  on  the 
first  day  of  January  next  after  his  election,  having  previously  taken  the 
oatlis  of  office  in  the  presence  of  the  members  of  both  branches  of  the 
general  assembly,  or  before  the  chief-justice  of  the  supreme  court,  who, 
in  case  the  governor  elect  should  be  prevented  from  attendance  before 
the  general  assembly,  by  sickness  or  other  unavoidable  cause,  is  autho- 
rized to  administer  the  same. 


^  ARTICLE  3. 

Section  1. 

^  1.  The  governor,  judges  of  the  supreme  court,  and  judges  of  the 
superior  courts,  and  all  other  officers  of  this  state,  (except  justices  of  the 
peace  and  militia  officers,)  may  be  impeached  for  wilfully  violating  any 
article  of  the  constitution,  mal-administration,  or  corruption. 

2.  Judgment,  in  cases  of  impeachment,  shall  not  extend  further 
than  to  remove  from  office  and  disqualification  to  hold  and  enjoy  any 
office  of  honour,  trust,  or  profit  under  this  state ;  but  the  party  convicted 
may  nevertheless  be  liable  to  indictment,  trial,  judgment,  and  punish- 
ment, according  to  law. 

3.  The  house  of  commons  shall  have  the  sole  power  of  impeachment 
The  senate  shall  have  the  sole  power  to  try  all  impeachments.  No 
person  shall  be  convicted  upon  any  impeachment,  unless  two-thirds 
of  the  senators  present  shall  concur  in  such  conviction  ;  and  before  the 
trial  of  any  impeachment,  the  members  of  the  senate  shall  take  an  oath 
or  affirmation  truly  and  impartially  to  try  and  determine  the  charge 
in  question,  according  to  evidence. 

Section  2. 

§  1.  Any  judge  of  the  supreme  court,  or  of  the  superior  courts,  may 
be  removed  from  office  for  mental  or  physical  inabihty,  upon  a  concurrent 
resolution  of  two-thirds  of  both  branches  of  the  general  assembly. 
The  judge,  against  whom  the  legislature  may  be  about  to  proceed,  shall 
receive  notice  thereof,  accompanied  by  a  copy  of  the  causes  alleged  for 
his  removal,  at  least  twenty  days  before  the  day  on  which  either  branch 
of  the  general  assembly  shall  act  thereon. 

The  salaries  of  the  judges  of  the  supreme  court,  or  of  the  superior 
courts,  shall  not  be  diminished  during  their  continuance  in  office. 

Section  3. 

Upon  the  conviction  of  any  justice  of  the  peace  of  any  infamous 
crime,  or  of  corruption  or  mal-practice  in  office,  the  commission  of  such 
justice  shall  be  thereby  vacated,  and  he  shall  be  for  ever  disquahfied  from 
holding  such  appointment. 


202  CONSTITUTION    OF 

"*  Section  4. 

The  general  assembly,  at  its  first  session  after  the  year  one  thousand 
eight  hundred  and  thirty-nine,  and  from  time  to  time  thereafter,  shall 
appoint  an  attorney-general,  who  shall  be  commissioned  by  the  go- 
vernor, and  shall  hold  his  office  for  the  term  of  four  years ;  but  if  the 
general  assembly  should  hereafter  extend  the  term  during  which  solici- 
tors of  the  state  shall  hold  their  offices,  then  they  shall  have  power  to 
extend  the  term  of  office  of  the  attorney-general  to  the  same  period. 

ARTICLE  4. 

Section  1.  . 

§  1.  No  convention  of  the  people  shall  be  called  by  the  general 
assembly,  unless  by  the  concurrence  of  two-thirds  of  all  the  members 
of  each  house  of  the  general  assembly. 

2.  No  part  of  the  constitution  of  this  state  shall  be  altered,  unless  a 
bill  to  alter  the  same  shall  have  been  read  three  times  in  each  house 
of  the  general  assembly,  and  agreed  to  by  three-fifths  of  the  whole 
number  of  members  of  each  house  respectively ;  nor  shall  any  alteration 
take  place  imtil  the  bill  so  agreed  to  shall  have  been  published  six 
months  previous  to  a  new  election  of  members  to  the  general  assembly. 
If,  after  such  publication,  the  alteration  proposed  by  the  preceding  general 
assembly  shall  be  agreed  to  in  the  first  session  thereafter,  by  two-thirds  of 
the  whole  representation  in  each  house  of  the  general  assembly,  after  the 
same  shall  have  been  read  three  times  on  three  several  days,  in  each 
house,  then  the  said  general  assembly  shall  prescribe  a  mode  by  which 
the  amendment  or  amendments  may  be  submitted  to  the  qualified  voters 
of  the  house  of  commons  throughout  the  state ;  and  if,  upon  comparing 
the  votes  given  in  the  whole  state,  it  shall  appear  that  a  majority  of  the 
voters  have  approved  thereof,  then,  and  not  otherwise,  the  same  shall 
become  a  part  of  the  constitution. 

Section  2. 

The  thirty-second  section  of  the  constitution  shall  be  amended  to  read 
as  follows :  No  person  who  shall  deny  the  being  of  God,  or  the  truth 
of  the  Christian  religion,  or  the  divine  authority  of  the  Old  or  New 
Testament,  or  who  shall  hold  religious  principles  incompatible  with  the 
freedom  or  safety  of  the  state,  shall  be  capable  of  holding  any  office  or 
place  of  trust  or  profit  in  the  civil  department  within  this  state. 

Section  3. 

§  1.  Capitation  tax  shall  be  equal  throughout  the  state,  upon  all 
individuals  subject  to  the  same. 

2.  All  free  males  over  the  age  of  twenty-one  years,  and  under  the  age 
of  forty-five  years,  and  all  slaves  over  the  age  of  twelve  years,  and  under 
the  age  of  fifty  years,  shall  be  subject  to  capitation  tax,  and  no  other 
person  shall  be  subject  to  such  tax  :  Provided,  that  nothing  herein  con- 
tained shall  prevent  exemptions  of  taxable  polls,  as  heretofore  prescribed 
by  law,  in  cases  of  bodily  infirmity. 


NORTH    CAROLINA  203 

Section  4. 

No  person  who  shall  hold  any  office  or  place  of  trust  or  profit  unde 
the  United  States,  or  any  department  thereof,  or  under  this  state,  or  any 
other  state  or  government,  shall  hold  or  exercise  any  other  office  or  place 
of  trust  or  profit  under  the  authority  of  this  state,  or  be  eligible  to  a  seat 
in  either  house  of  the  general  assembly  :  Provided,  that  nothing  herein 
contained  shall  extend  to  officers  in  the  miUtia  or  justices  of  the  peace. 


204  CONSTITUTION    OF 


CONSTITUTION  OF  SOUTH  CAROLINA. 


We,  the  delegates  of  the  people  of  the  state  of  South  Carolina,  m 
general  convertion  met,  do  ordain  and  establish  this  constitution  for  its 
government. 

ARTICLE    1. 

§  1.  The  legislative  authority  of  this  state  shall  be  vested  in  a  general 
assembly,  which  shall  consist  of  a  senate  and  house  of  representatives. 

3.  The  house  of  representatives  shall  be  composed  of  members  chosen 
by  ballot,  every  second  year,  by  the  citizens  of  this  state,  qualified  as  in 
this  constitution  is  provided. 

3.  The  several  election  districts  in  this  state  shall  elect  the  following 
number  of  representatives,  viz  : 

Charleston,  including  St.  Philip  and  St.  Michael,  .  fifteen  members. 

Christ  Church, three  do. 

St.  John,  Berkley, three  do. 

St.  Andrew, three  do. 

St.  George,  Dorchester, three  do. 

St.  James,  Goose  Creek, three  do. 

St.  Thomas  and  St.  Dennis, three  do. 

St.  Paul, three  do. 

St.  Bartholomew, three  do. 

St.  James,  Santee, three  do. 

St.  John,  Colleton, three  do. 

St.  Stephen, three  do. 

St.  Helena, three  do. 

St.  Luke, three  do. 

Prince  William, three  do. 

St.  Peter, three  do. 

All  Saints,  (including  its  ancient  boundaries,)  . . .  one  do. 

Winyaw,  (not  including  any  part  of  All  Saints,)  three  do. 

Kingston,  (not  including  any  part  of  All  Saints,)  two  do. 

Williamsburgh, two  do. 

Liberty, two  do. 

Marlborough, two  do. 

Chesterfield, two  do. 

Darlington, two  do. 

York, three  do. 

Chester, two  do. 

Fairfield, two  do. 

Richland,. two  dou 

Jjancaster, two  do. 

Kershaw, two  do. 

Claremont, two  do. 

Clarendon, two  do. 


SOUTH   CAROLINA.  205 

Abbeville, three  members. 

Edgefield, three  do. 

'         Newbury,  (including  the  fork  between  Broad  7    thj-gfl  ^o 

and  Saluda  rivers,) 5 

Laurens, three  do. 

Union, two  do. 

Spartan, two  do. 

Greenville, two  do. 

Pendleton, three  do. 

St.  Matthew, two  do. 

Orange, two  do. 

Winton,  (including  the  district  between  Savan- ')    ^^^^  ^^ 

nah  river,  and  the  north  fork  of  Edisto,) > 

Saxe  Gotha, three  do. 

4.  Every  free  white  man,  of  the  age  of  twenty-one  years,  being  a  citi- 
zen of  this  state,  and  having  resided  therein  two  years  previous  to  the 
day  of  election,  and  who  hath  a  freehold  of  fifty  acres  of  land,  or  a  town 
Jot,  of  which  he  hath  been  legally  seized  and  possessed,  at  least  six 
months  before  such  election,  or,  not  having  such  freehold  or  town  lot, 
hath  been  a  resident  in  the  election  district,  in  which  he  offers  to  give 
his  vote,  six  months  before  the  said  election,  and  hath  paid  a  tax  the 
preceding  year  of  three  shillings  sterling  towards  the  support  of  this  go- 
vernment, shall  have  a  right  to  vote  for  a  member  or  members,  to  serve 
in  either  branch  of  the  legislature,  for  the  election  district  in  which  ho 
holds  such  property,  or  is  so  resident. 

5.  The  returning  officer,  or  any  other  person  present,  entitled  to  vote, 
may  require  any  person  who  shall  offer  his  vote  at  an  election,  to  pro- 
duce a  certificate  of  his  citizenship,  and  a  receipt  from  the  tax  collector 
of  his  having  paid  a  tax,  entitling  him  to  vote,  or  to  swear,  or  affirm, 
that  he  is  duly  qualified  to  vote  agreeably  to  this  constitution. 

6.  No  person  shall  be  eligible  to  a  seat  in  the  house  of  representatives, 
unless  he  is  a  free  white  man,  of  the  age  of  twenty- one  years,  and  hath 
been  a  citizen  and  resident  in  this  state  three  years  previous  to  his  elec- 
tion. If  a  resident  in  the  election  district,  he  shall  not  be  eligible  to  a 
seat  in  the  house  of  representatives,  unless  he  be  legally  seized  and  pos- 
sessed, in  his  own  right,  of  a  settled  freehold  estate  of  five  hundred  acres 
of  land,  and  ten  negroes ;  or  of  a  real  estate,  of  the  value  of  one  hun- 
dred and  fifty  pounds  sterling,  clear  of  debt.  If  a  non-resident,  he  shall 
be  legally  seized  and  possessed  of  a  settled  freehold  estate  therein,  of  the 
value  of  five  hundred  pounds  sterling,  clear  of  debt. 

7.  The  senate  shall  be  composed  of  members  to  be  chosen  for  four 
years,  in  the  following  proportions,  by  the  citizens  of  this  state,  qualified 
to  elect  members  to  the  house  of  representatives,  at  the  same  time,  in  the 
same  manner,  and  at  the  same  places,  where  they  shall  vote  for  repre- 
sentatives, viz. 

Charleston,  (including  St.  Philip  and  St.  Michael,)  two  members. 

Christ  church, one       do. 

St.  John,  Berkley, one       do. 

St.  Andrew, one       do. 

St  George one       do. 

S 


206  CONSTITUTION   OP 

St.  James,  Goose  Creek, , one  membe? 

St.  Thomas  and  St.  Dennis, one  do. 

St.  Paul, ....,,......., one  do. 

St.  Bartholomew, , . . . ,  one  do. 

St.  James,  Santee, one  do. 

St.  John,  Colleton, one  do. 

St.  Stephens, r  r one  do. 

St.  Helena, one  do. 

St.  Luke,.  .....0..,...^. ...,.,. ,..»,.,» ,  one  do. 

Prince  William, .^ .  one  do. 

St.  Peter, one  do.^ 

All  Saints, , one  do 

Winy  aw  and  Williamsburgh, one  do. 

Liberty  and  Kingston,. . . one  do. 

Marlborough,  Chesterfield,  and  Darlington, two  do. 

York, , one  do^ 

Fairfield,  Richland,  and  Chester, one  do.- 

Lancaster  and  Kershaw,  .........................  one  do. 

Claremount  and  Clarendon, one  do. 

Abbeville, one  do. 

Edgefield, one  do. 

Newbury,  (including  the  fork  between  Broad  and  >  , 

Saluda  rivers,)...   5  «"^  ♦^°' 

Laurens, one  do. 

Union, one  do. 

Spartan, one  do. 

Greenville, one  do. 

Pendleton, one  do. 

St.  Matthew  and  Orange, one  do. 

Winton,  (including  the  district  between  Savannah  >  , 

river  and  the  north  fork  of  Edisto,) 5  ^"^  * 

Saxe  Gotha, one  do, 

8.  No  person  shall  be  eligible  to  a  seat  in  the  senate,  unless  he  is  ai 
free  white  man,  of  the  age  of  thirty  years,  and  hath  been  a  citizen  and^ 
resident  in  this  state  five  years  previous  to  his  election.  If  a  resident  in 
the  election  district,  he  shall  not  be  eligible  unless  he  be  legally  seized 
and  possessed,  in  his  own  right,  of  a  settled  freehold  estate  of  the  value 
of  three  hundred  pounds  sterling,  clear  of  debt.  If  a  non-resident  in  the 
election  district,  he  shall  not  be  eligible  unless  he  be  legally  seized  and 
possessed,  in  his  own  right,  of  a  settled  freehold  estate,  in  the  said  dis- 1 
trict,  of  the  value  of  one  thousand  pounds  sterling,  clear  of  debt. 

9.  Immediately  after  the  senators  shall  be  assembled,  in  consequent 
of  the  first  election,  they  shall  be  divided  by  lot  into  two  classes.     Tl 
seats  of  the  senators  of  the  first  class  shall  be  vacated  at  the  expiration* 
of  the  second  year,  and  of  the  second  class,  at  the  end  of  the  fourth  year 
so  that  one  half  thereof,  as  near  as  possible,  may  be  chosen,  for  even 
thereafter,  every  second  year,  for  the  term  of  four  years. 

10.  Senators  and  members  of  the  house  of  representatives,  shall  bii 
chosen  on  the  second  Monday  in  October  next,  and  the  day  following 
and  on  the  same  days  in  every  second  year  thereafter,  in  such  manner 
and  at  such  times,  as  are  herein  directed ;  and  shall  meet  on  the  fourtll 


Lilt; 

md  I 

lis- 


SOUTH    CAROLINA.  207 

Monday  in  November  annually,  at  Columbia,  (which  shall  remain  the 
seat  of  government  until  otherwise  determined,  by  the  concurrence  of 
two-thirds  of  both  branches  of  the  whole  representation,)  unless  the  casu- 
alties of  war,  or  contagious  disorders  should  render  it  unsafe  to  meet 
there  ;  in  either  of  which  cases,  the  governor  or  commander-in-chief  for 
the  time  being  may,  by  proclamation,  appoint  a  more  secure  and  con- 
venient place  of  meeting. 

11.  Each  house  shall  judge  of  the  elections,  returns,  and  qualifications 
of  its  own  members  ;  and  a  majority  of  each  house  shall  constitute  a 
quorum  to  do  business  ;  but  a  smaller  number  may  adjourn  from  day  to 
day,  and  may  be  authorized  to  compel  the  attendance  of  absent  members, 
in  such  manner  and  under  such  penalties  as  may  be  provided  by  law. 

12.  Each  house  shall  choose  by  ballot  its  own  officers,  determine  its 
rules  of  proceeding,  punish  its  members  for  disorderly  behaviour,  and, 
with  the  concurrence  of  two-thirds,  expel  a  member,  but  not  a  second 
time  for  the  same  cause. 

13.  Each  house  may  punish,  by  imprisonment,  during  sitting,  any 
person,  not  a  member,  who  shall  be  guilty  of  disrespect  to  the  house,  by 
any  disorderly  or  contemptuous  behaviour  in  its  presence — or  who,  dur- 
ing the  time  of  its  sitting,  shall  threaten  harm  to  body  or  estate  of  any 
member,  for  any  thing  said  or  done  in  either  house  ;  or  who  shall  assault 
any  of  them  therefor  ;  or  who  shall  assault  or  arrest  any  witness  or  other 
person  ordered  to  attend  the  house,  in  his  going  to  or  returning  there- 
from ;  or  who  shall  rescue  any  person  arrested  by  order  of  the  house. 

14.  The  members  of  both  houses  shall  be  protected  in  their  persons 
and  estates,  during  their  attendance  on,  going  to,  and  returning  from 
the  legislature,  and  ten  days  previous  to  their  sitting,  and  ten  days  after 
the  adjournment  of  the  legislature.  But  these  privileges  shall  not  be  ex- 
tended so  as  to  protect  any  member  who  shall  be  charged  with  treason, 
felony,  or  breach  of  the  peace. 

15.  Bills  for  raising  a  revenue  shall  originate  in  the  house  of  repre- 
sentatives, but  may  be  altered,  amended,  or  rejected  by  the  senate. 

All  other  bills  may  originate  in  either  house,  and  may  be  amended, 
altered,  or  rejected  by  the  other. 

1 6.  No  bill  or  ordinance  shall  have  the  force  of  law,  until  it  shall  have 
been  read  three  times,  and  on  three  several  days,  in  each  house,  has  had 
the  great  seal  affixed  to  it,  and  has  been  signed,  in  the  senate-house,  by 
the  president  of  the  senate  and  speaker  of  the  house  of  representatives. 

17.  No  money  shall  be  drawn  out  of  the  public  treasury,  but  by  the 
legislative  authority  of  the  state. 

18.  The  members  of  the  legislature,  who  shall  assemble  under  this 
constitution,  shall  be  entitled  to  receive  out  of  the  public  treasury,  as  a 
compensation  for  their  expenses,  a  sum  not  exceeding  seven  shillings 
sterUng  a  day,  during  their  attendance  on,  going  to,  and  returning  from 
the  legislature :  but  the  same  may  be  increased  or  diminished  by  law, 
if  circumstances  shall  require  ;  but  no  alterations  shall  be  made  by  any 
legislature,  to  take  effect  during  the  existence  of  the  legislature  which 
shall  make  such  alteration. 

19.  Neither  house  shall,  during  their  session,  without  the  consent  of 
the  other,  adjourn  for  more  than  three  days,  nor  to  any  other  place  than 
tliat  m  which  the  two  houses  shall  be  sitting. 

20.  No  bill  or  ordinance,  which  shall  have  been  rejected  by  either 


208  CONSTITUTION   OF 

house,  shall  be  brought  in  again  during  the  sitting,  without  leave  of  the 
house,  and  notice  of  six  days  being  previously  given. 

21.  No  person  shall  be  eligible  to  a  seat  in  the  legislature  whilst  he 
holds  any  office  of  profit  or  trust  under  this  state,  the  United  States,  or 
either  of  them,  or  under  any  other  power — except  officers  in  the  militia, 
army,  or  navy  of  this  state,  justices  of  the  peace,  or  justices  of  the  county 
courts,  while  they  receive  no  salaries ;  nor  shall  any  contractor  of  the 
army  or  navy  of  this  state,  the  United  States,  or  either  of  them,  or  the 
agents  of  such  contractor,  be  eligible  to  a  seat  in  either  house.  And  if 
any  member  shall  accept  or  exercise  any  of  the  said  disqualifying  offices- 
he  shall  vacate  his  seat. 

22.  If  any  election  district  shall  neglect  to  choose  a  member  or  mem- 
bers, on  the  days  of  election,  or  if  any  person  chosen  a  member  of  either 
house  shall  refuse  to  qualify  and  take  his  seat,  or  should  die,  depart  the 
state,  or  accept  any  disqualifying  office,  a  vmt  of  election  shall  be  issued 
by  the  president  of  the  senate,  or  speaker  of  the  house  of  representatives, 
as  the  case  may  be,  for  the  purpose  of  filling  up  the  vacancy  thereby  oc- 
casioned, for  the  remainder  of  the  term  for  which  the  person  so  refusing 
to  qualify,  dying,  departing  the  state,  or  accepting  a  disqualifying  office, 
was  elected  to  serve. 

23.  And  whereas  the  ministers  of  the  gospel  are,  by  their  profession, 
dedicateld  to  the  service  of  God,  and  the  care  of  souls,  and  ought  not  to 
be  diverted  from  the  great  duty  of  their  functions  :  therefore,  no  minis- 
ter of  the  gospel,  or  public  preacher,  of  any  religious  persuasion,  whilst 
he  continues  in  the  exercise  of  his  pastoral  functions,  shall  be  eligible  to 
the  office  of  governor,  lieutenant-governor,  or  a  seat  in  the  senate  or  house 
of  representatives. 

AnXICLB  2. 

§  1.  The  executive  authority  of  this  state  shall  be  invested  in  a  gover- 
nor, to  be  chosen  in  manner  following :  as  soon  as  may  be,  after  the  first 
meeting  of  the  senate  and  house  of  representatives,  and  at  every  first 
meeting  of  the  house  of  representatives  thereafter,  when  a  majority  of 
both  houses  shall  be  present,  the  senate  and  house  of  representatives 
shall,  jointly,  in  the  house  of  representatives,  choose,  by  ballot,  a  gover- 
nor, to  continue  for  two  years,  and  until  a  new  election  shall  be  made. 

2.  No  person  shall  be  eligible  to  the  office  of  governor,  unless  he  hath 
attained  the  age  of  thirty  years,  and  hath  resided  within  this  state,  and 
been  a  citizen  thereof,  ten  years,  and  unless  he  be  seized  and  possessed 
of  a  settled  estate  within  the  same,  in  his  own  right,  of  the  value  of  fif- 
teen hundred  pounds  sterling,  clear  of  debt. 

No  person,  having  served  two  years  as  governor,  shall  be  re-eligible  to 
hat  office,  till  after  the  expiration  of  four  years. 

No  person  shall  hold  the  office  of  governor,  or  any  other  office  or 
commission,  civil  or  military,  except  in  the  militia,  either  in  this  state 
or  under  any  state,  or  the  United  States,  or  in  any  other  power,  at  one 
and  the  same  time. 

3.  A  lieutenant-governor  shall  be  chosen  at  the  same  time,  in  the  same 
manner,  continue  in  office  for  the  same  period,  and  be  possessed  of  the 
same  qualifications  as  the  governor. 

4.  A  member  of  the  senate  or  house  of  representatives,  being  chosen,  and 


SOUTH   CAROLINA.  209 

acting  as  governor  or  lieutenant-governor,  shall  vacate  his  seat,  and  an- 
other person  shall  be  elected  in  his  stead. 

5.  In  case  of  the  impeachment  of  the  governor,  or  his  removal  from 
office,  death,  resignation,  or  absence  from  the  state,  the  lieutenant-gover- 
nor shall  succeed  to  his  office.  And  in  case  of  the  impeachment  of  the 
lieutenant-governor,  or  his  removal  from  office,  death,  resignation,  or  ab- 
sence from  the  state,  the  president  of  the  senate  shall  succeed  to  his 
offi-ce,  till  a  nomination  to  those  offices  respectively  shall  be  made  by  tlio 
senate  and  house  of  representatives,  for  the  remainder  of  the  time  for 
which  the  officer  so  impeached,  removed  from  office,  dying,  resigning, 
or  being  absent,  was  elected. 

6.  The  governor  shall  be  commander-in-chief  oi  the  army  and  navy 
of  this  state,  and  of  the  militia,  except  when  they  shall  be  called  into 
the  actual  service  of  the  United  States. 

7.  He  shall  have  power  to  grant  reprieves  and  pardons,  after  convic- 
tion, except  in  cases  of  impeachment,  in  such  manner,  on  such  terms, 
and  under  restrictions,  as  he  shall  think  proper,  and  he  shall  have  power 
to  remit  fines  and  forfeitures,  unless  otherwise  directed  by  law. 

8.  He  shall  take  care  that  the  laws  be  faithfully  executed  in  mercy. 

9.  He  shall  have  power  to  prohibit  the  exportation  of  provision,  for 
any  time  not  exceeding  thirty  days. 

10.  He  shall,  at  stated  times,  receive  for  his  services  a  compensation, 
which  shall  neither  be  increased  or  diminished  during  the  period  for 
which  he  shall  have  been  elected. 

11.  All  officers  in  the  executive  department,  when  required  by  the 
governor,  shall  give  him  information,  in  writing,  upon  any  subject  re- 
lating to  the  duties  of  their  respective  offices. 

12.  The  governor  shall,  from  time  to  time,  give  to  the  general  assem- 
bly information  of  the  condition  of  the  state,  and  recommend  to  their 
consideration  such  measures  as  he  shall  judge  necessary  or  expedient. 

13.  He  may,  on  extraordinary  occasions,  convene  the  general  assem- 
bly, and,  in  case  of  disagreement  between  the  two  houses  with  respect  to 
the  time  of  adjournment,  adjourn  them  to  such  time  as  he  shall  think 
proper,  not  beyond  the  fourth  Monday  in  the  month  of  November  then 
ensuing. 

ARTICLE  3. 

§  1.  The  judicial  power  shall  be  vested  in  such  superior  and  inferior 
courts  of  law  and  equity,  as  the  legislature  shall,  from  time  to  time,  direct 
and  establish. 

The  judges  of  each  shall  hold  their  commissions  during  good  beha- 
vionr;  and  judges  of  the  superior  courts  shall,  at  stated  times,  receive  a 
compensation  for  their  services,  which  shall  neither  be  increased  or  di- 
minished during  their  continuance  in  office  :  but  they  shall  receive  no 
fees  or  perquisites  of  office,  nor  hold  any  other  office  of  profit  or  trust, 
under  this  state,  the  United  States,  or  any  other  power. 

2.  The  style  of  all  processes  shall  be,  "  the  state  of  South  CaroUna.^^ 
All  prosecutions  shall  be  carried  on  in  the  name  and  by  the  authority  of 
the  state  of  South  Carolina,  and  conclude — "  against  the  peace  and 
dignity  of  the  sajne" 

s2 


210  CONSTITUTIONOF 

auticle  4. 

All  persons  who  shall  be  chosen  or  appointed  to  any  office  of  profit  or 
trust,  before  entering  on  the  execution  thereof,  shall  take  the  following 
oath  :  *•'  I  do  swear  (or  affirm)  that  I  am  duly  qualified,  according  to  the 
constitution  of  this  state,  to  exercise  the  office  to  which  I  have  been  ap 
pointed,  and  will,  to  the  best  of  my  abilities,  discharge  the  duties  there- 
of, and  preserve,  protect,  and  defend  the  constitution  of  this  state,  and  of 
he  United  States." 

ARTICLE  5. 

§  1.  That  the  house  of  representatives  shall  have  the  sole  power  of 
impeaching ;  but  no  impeachment  shall  be  made,  unless  with  the  con- 
currence of  two-thirds  of  the  house  of  representatives. 

2.  All  impeachments  shall  be  tried  by  the  senate.  When  sitting  for 
that  purpose,  the  senators  shall  be  on  oath  or  affirmation  :  and  no  per- 
son shall  be  convicted  without  the  concurrence  of  two-thirds  of  the  mem- 
bers present. 

3.  The  governor,  lieutenant-governor,  and  all  the  civil  officers,  shall 
De  liable  to  impeachment  for  any  misdemeanour  in  office  ;  but  judgment 
in  such  cases  shall  not  extend  further  than  to  a  removal  from  office,  and 
disqualification  to  hold  any  office  of  honour,  trust,  or  profit,  under  this 
state.  The  party  convicted  shall,  nevertheless,  be  liable  to  indictment, 
trial,  judgment,  and  punishment,  according  to  law. 

AKTICLE  6. 

§  1.  The  judges  of  the  superior  courts,  the  commissioners  of  the 
treasury,  secretary  of  the  state,  and  surveyor-general,  shall  be  elected  by 
the  joint  ballot  of  both  houses,  in  the  house  of  representatives.  The 
commissioners  of  the  treasury,  secretary  of  this  state,  and  surveyor-gene- 
ral, shall  hold  their  offices  for  four  years  :  but  shall  not  be  eligible  again 
for  four  years  after  the  expiration  of  the  time  for  which  they  shall  have 
been  elected.  , 

2.  All  other  officers  shall  be  appointed  as  they  hitherto  have  been, 
until  otherwise  directed  by  law ;  but  sheriffs  shall  hold  their  offices  for 
four  years,  and  not  be  again  eligible  for  four  years  after  the  term  for 
which  they  shall  have  been  elected. 

3.  All  commissions  shall  be  in  the  name  and  by  the  authority  of  the 
state  of  South  Carolina,  and  be  sealed  with  the  seal  of  the  state,  and  be 
signed  by  the  governor. 

ARTICLE  7. 

All  laws  in  force  in  this  state  at  the  passing  of  this  constitution,  shall 
so  continue  until  altered  or  repealed  by  the  legislature  ;  except  where 
they  are  temporary,  in  which  case  they  shall  expire  at  the  times  respec- 
tively limited  for  their  duration,  if  not  continued  by  act  of  the  legis- 
lature. 

ARTICLE  8. 

§  1.  The  free  exercise  and  enjoyment  of  religious  profession  and  wor- 
ship, without  discrimination  or  preference,  shall,  for  ever  hereafter,  be 


SOUTH    CAROLINA.  211 

allowed  within  this  state  to  all  mankind :  Provided,  that  the  liberty  of 
conscience  thereby  declared,  shall  not  be  so  construed  as  to  excuse  acta 
of  licentiousness,  or  justify  practices  inconsistent  with  the  peace  or  safety 
of  this  state. 

2.  The  rights,  privileges,  immunities,  and  estates  of  both  civil  and  re- 
ligious societies  and  of  corporated  bodies,  shall  remain  as  if  the  constitu- 
tion of  this  state  had  not  been  altered  or  amended. 

ARTICLE  9. 

§  1.  All  power  is  originally  vested  in  the  people ;  and  all  free  govern- 
ments are  founded  on  their  authority,  and  are  instituted  for  their  peace, 
safety,  and  happiness. 

2.  No  freeman  of  this  state  shall  be  taken,  or  imprisoned,  or  disseized 
of  his  freehold,  liberties,  or  privileges,  or  outlawed,  or  exiled,  or  in  any 
manner  destroyed,  or  deprived  of  his  life,  liberty,  or  property,  but  by  the 
judgment  of  his  peers,  or  by  the  law  of  the  land  :  nor  shall  any  bill  of  at- 
tainder, ex  post  facto  law,  or  law  impairing  the  obligation  of  contracts, 
ever  be  passed  by  the  legislature  of  this  state. 

3.  The  military  shall  be  subordinate  to  the  civil  power. 

4.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed, 
nor  cruel  punishments  inflicted. 

5.  The  legislature  shall  not  grant  any  title  of  nobility  or  hereditary 
distinction,  nor  create  any  othce,  the  appointment  to  which  shall  be  for 
any  longer  time  tlian  during  good  behaviour. 

6.  The  trial  by  jury,  as  heretofore  used  in  this  state,  and  the  liberty 
of  the  press,  shall  be  for  ever  inviolably  preserved. 

ARTICLE   10. 

§  1.  The  business  of  the  treasury  shall  be  in  future  conducted  by  two 
treasurers,  one  of  whom  shall  hold  his  office  and  reside  in  Columbia  ;  and 
the  other  shall  hold  his  office  and  reside  in  Charleston. 

2.  The  secretary  of  state  and  surveyor-general  shall  hold  their  offices 
both  in  Columbia  and  in  Charleston.  They  shall  reside  at  one  place, 
and  their  deputies  at  the  other. 

3.  At  the  conclusion  of  the  circuits,  the  judges  shall  meet  and  sit  at 
Columbia,  for  the  purpose  of  hearing  and  determining  all  motions  which 
may  be  made  for  new  trials,  and  in  arrest  of  judgments,  and  such  points 
of  law  as  may  be  submitted  to  them.  From  Columbia  they  shall  pro- 
ceed to  Charleston,  and  there  hear  and  determine  all  such  motions  for 
new  trials,  and  in  arrest  of  judgment,  and  such  points  of  law  as  may  be 
submitted  to  them. 

4.  The  governor  shall  always  preside,  during  the  sitting  of  the  legis- 
lature, f.t  the  place  where  their  sessions  may  be  held,  and  at  all  other 
times,  wherever,  in  his  opinion,  the  public  good  may  require. 

5.  The  legislature  shall,  as  soon  as  may  be  convenient,  pass  laws  for 
the  abolition  of  the  rights  of  primogenitures,  and  for  giving  an  equita- 
ble distribution  of  the  real  estate  of  intestates. 

ARTICLE    11. 

No  convention  of  the  people  shall  be  called,  unless  by  the  concur- 
rence of  two-thirds  of  both  branches  of  the  whole  representation. 


212  CONSTITUTION   OF 

No  part  of  this  constitution  shall  be  altered,  unless  a  bill  to  alter  the 
same  shall  have  been  read  three  times  in  the  house  of  representatives, 
and  three  times  in  the  senate,  and  agreed  to  by  two-thirds  of  both 
branches  of  the  whole  representation  ;  neither  shall  any  alteration  take 
place  until  the  bill  so  agreed  to  be  published  three  months  previous  to  a 
new  election  for  members  to  the  house  of  representatives  ;  and  if  the 
alteration  proposed  by  the  legislature  shall  be  agreed  to  in  their  first 
session  by  two-thirds  of  the  whole  representation  in  both  branches  of 
the  legislature,  after  the  same  shall  have  been  read  three  times,  on  three 
several  days  in  each  house,  then,  and  not  otherwise,  the  same  shall  be- 
come a  part  of  the  constitution. 

Done  in  convention,  at  Columbia,  in  the  state  of  South  Carolina, 
the  third  day  of  June,  in  the  year  of  our  Lord  1790,  and  in  the 
fourteenth   year  of  the   Independence  of  the  United   States  of 
America. 
By  the  unanimous  order  of  the  convention, 

CHARLES  PINCKNEY,  President, 


AMENDMENTS. 

A  Bill  to  alter  the  fourth  section  of  the  first  article  of  the  Constitu- 
tion of  the  state  of  South  Carolina. 

Be  it  enacted  by  the  honourable  the  senate  and  house  of  representa- 
tives, now  met  and  sitting  in  general  assembly,  and  by  the  authority  of 
the  same.  That  the  fourth  section  of  the  first  article  of  the  constitution 
of  this  state  be  altered  and  amended,  to  read  as  follows  :  Every  free 
white  man  of  the  age  of  twenty-one  years,  paupers  and  non-commis- 
sioned officers  and  private  soldiers  of  the  army  of  the  United  States 
excepted,  being  a  citizen  of  this  state,  and  having  resided  therein  two 
years  previous  to  the  day  of  election,  and  who  hath  a  freehold  of  fifty 
acres  of  land,  or  a  town  lot,  of  which  he  hath  been  legally  seized  and 
possessed  at  least  six  months  before  such  election,  or  not  having  such 
freehold  or  town  lot,  hath  been  a  resident  in  the  election  district  in  which 
he  offers  to  give  his  vote  six  months  before  the  said  election,  shall  have 
a  right  to  vote  for  a  member  or  members  to  serve  in  either  branch  of  the 
legislature,  for  the  election  district  in  which  he  holds  such  property,  or  is 
so  resident. 


AMEJTDMEJfTS  BATIFIED  DECEMBER   17,   1808. 

The  following  sections,  in  amendment  of  the  third,  seventh,  and  ninth 
sections  of  the  first  article  of  the  constitution  of  this  state,  shall  be,  and 
they  are  hereby  declared  to  be,  valid  parts  of  the  said  constitution  ;  and 
the  said  third,  seventh,  and  ninth  sections,  or  such  parts  thereof  as  are 
repugnant  to  such  amendments,  are  hereby  repealed  and  made  void. 

The  house  of  representatives  shall  consist  of  one  hundred  and  twenty 
four  members,  to  be  apportioned  among  the  several  election  districts  of 
the  state,  according  to  the  number  of  white  inhabitants  contained,  and 


SOUTH   CAROLINA.  213 

the  amount  of  all  taxes  raised  by  the  legislature,  whether  direct  or  indi- 
rect, or  of  whatever  species,  paid  in  each,  deducting  therefrom  all  taxes 
paid  on  account  of  property  held  in  any  other  district,  and  adding  thereto 
all  taxes  elsewhere  paid  on  account  of  property  held  in  such  district. 
An  enumeration  of  the  white  inhabitants,  for  this  purpose,  shall  be  made 
in  the  year  one  thousand  eight  hundred  and  nine,  and  in  the  course  of 
every  tenth  year  thereafter,  in  such  manner  as  shall  be  by  law  directed  ; 
and  representatives  shall  be  assigned  to  the  different  districts  in  the  above- 
mentioned  proportion,  by  act  of  the  legislature,  at  the  session  immedi- 
ately succeeding  the  above  enumeration. 

If  the  enumeration  herein  directed  should  not  be  made  in  the  course 
of  the  year  appointed  for  the  purpose  by  these  amendments,  it  shall  be 
the  duty  of  the  governor  to  have  it  effected  as  soon  thereafter  as  shall  be 
practicable. 

In  assigning  representatives  to  the  several  districts  of  the  state,  the 
legislature  shall  allow  one  representative  for  every  sixty-second  part  of 
the  whole  number  of  white  inhabitants  in  the  state  ;  and  one  representa- 
tive also  for  every  sixty-second  part  of  the  whole  taxes  raised  by  the 
legislature  of  the  state.  The  legislature  shall  further  allow  one  repre- 
sentative for  such  fractions  of  the  sixty-second  part  of  the  white  in- 
habitants of  the  state,  and  of  the  sixty-second  part  of  the  taxes  raised 
by  the  legislature  of  the  state,  as,  when  added  together,  form  a  unit. 

In  every  apportionment  of  representation  under  these  amendments, 
which  shall  take  place  after  the  first  apportionment,  the  amount  of  taxes 
shall  be  estimated  from  the  average  of  the  ten  preceding  years  ;  but  the 
first  apportionment  shall  be  founded  upon  the  tax  of  the  preceding  year, 
excluding  from  the  amount  thereof  the  whole  produce  of  the  tax  on 
sales  at  public  auction. 

If,  in  the  apportionment  of  representatives  under  these  amendments, 
any  election  district  shall  appear  not  to  be  entitled,  from  its  population 
and  its  taxes,  to  a  representative,  such  election  district  shall,  neverthe- 
less, send  one  representative ;  and,  if  there  should  be  still  a  deficiency 
of  the  number  of  representatives  required  by  these  amendments,  such 
deficiency  shall  be  supplied  by  assigning  representatives  to  those  election 
districts  having  the  largest  surplus  flections ;  whether  those  fractions 
consist  of  a  combination  of  population  and  of  taxes,  or  of  population 
or  of  taxes  separately,  until  the  number  of  one  hundred  and  twenty- 
four  members  be  provided. 

No  apportionment,  under  these  amendments  shall  be  construed  to  take 
effect,  in  any  manner,  until  the  general  election  which  shall  succeed 
such  apportionment. 

The  election  districts,  for  members  of  the  house  of  representatives, 
shall  be  and  remain  as  heretofore  established,  except  Saxe  Gotha  and 
Newberry ;  in  which  the  boundaries  shall  be  altered,  as  follows,  viz : 
That  part  of  Lexington  in  the  fork  of  Broad  and  Saluda  rivers,  shall  no 
longer  compose  a  part  of  the  election  district  of  Newberry,  but  shall,  be 
henceforth  attached  to,  and  form  a  part  of,  Saxe  Gotha.  And,  also, 
except  Orange  and  Barnwell,  or  Winton,  in  which  the  boundaries  shall 
be  altered,  as  follows,  viz :  That  part  of  Orange  in  the  fork  of  Edisto 
shall  no  longer  compose  a  part  of  the  election  district  61-  Barnwell,  or 
Winton,  but  shall  be  henceforth  attached  to,  and  form  a  part  of,  Orange 
election  district. 


214  CONSTITUTION    0^ 

The  senate  shall  be  composed  of  one  member  from  each  election  dis« 
trict,  as  now  established  for  the  election  of  members  of  the  house  of 
representatives,  except  the  district  formed  by  the  parishes  of  St.  Philip 
and  St.  Michael,  to  which  shall  be  allowed  two  senators,  as  heretofore. 

The  seats  of  those  senators  who  under  the  constitution  shall  represent 
two  or  more  election  districts,  on  ihe  day  preceding  the  second  Monday 
of  October,  which  will  be  in  the  year  one  thousand  eight  hundred  and 
ten,  shall  be  vacated  on  that  day,  and  the  new  senators  who  shall  repre- 
sent such  districts  under  these  amendments,  shall,  immediately  after  they 
shall  have  been  assembled  under  the  first  election,  be  divided  by  lots 
into  two  classes  ;  the  seats  of  the  senators  of  the  first  class  shall  be  va- 
cated at  the  expiration  of  the  second  year,  and  of  the  second  class,  at  the 
expiration  of  the  fourth  year ;  and  the  number  in  these  classes  shall  be 
so  proportioned,  that  one-half  of  the  whole  number  of  senators  may,  as 
nearly  as  possible,  continue  to  be  chosen  thereafter  every  second  year. 

None  of  these  amendments  becoming  parts  of  the  constitution  of  this 
state  shall  be  altered,  unless  a  bill  to  alter  the  same  shall  have  been  read 
on  three  several  days  in  the  house  of  representatives,  and  on  three  several 
days  in  the  senate,  and  agreed  to  at  the  second  and  third  reading  by 
two-thirds  of  the  whole  representation  in  each  branch  of  the  legislature ; 
neither  shall  any  alteration  take  place,  until  the  bill  so  agreed  to  be 
published  three  months  previous  to  a  new  election  for  members  to  the 
house  of  representatives ;  and  if  the  alteration  proposed  by  the  legisla- 
ture shall  be  agreed  to  in  their  first  session,  by  two-thirds  of  the  whole 
representation,  in  each  branch  of  the  legislature,  after  the  same  shall 
have  been  read  on  three  several  days  in  each  house,  then,  and  not  other- 
wise, the  same  shall  become  a  part  of  the  constitution. 

AMENDMENT  HATIFIED  DECEMBER   19,   1816. 

That  the  third  section  of  the  tenth  article  of  the  constitution  of  this 
state  be  altered  and  amended  to  read  as  follows :  The  judges  shall,  at 
such  times  and  places  as  shall  be  prescribed  by  act  of  the  legislature  of 
this  state,  meet  and  sit  for  the  purpose  of  hearing  and  determining  all 
motions  which  may  be  made  for  new  trials,  and  in  arrest  of  judgment, 
and  such  points  of  law  as  may  be  submitted  to  them. 


CONSTITUTION  OF  GEORGIA. 


The  Constitution  of  the  State  of  Georgia,  as  revised,  amended,  and 
compiled,  by  the  convention  of  the  State,  at  Louisville,  on  the  30f/» 
day  of  May,  1798. 

ARTICLE    1. 

§  1.  The  legislative.,  executive,  and  judiciary  departments  of  govern 
nient  shall  be  distinct,  and  each  department  shall  be  confided  to  a  sepa- 
rate body  of  ilkgistracy  ;  and  no  person  or  collection  of  persons,  being 
of  one  of  those  departments,  shall  exercise  any  power  properly  attached 
to  either  of  the  others,  except  in  the  instances  herein  expressly  permitted. 


GEORGIA.  213 

4  2.  The  legislative  power  shall  be  vested  in  two  separate  anS  dis- 
tinct branches,  to  wit :  a  senate  and  house  of  representatives,  to  be  styled 
"  the  General  AssemhlijJ^ 

§  3.  The  senate  shall  be  elected  annually,  on  the  first  Monday  in 
November,  until  such  day  of  election  be  altered  by  law ;  and  shall  be 
composed  of  one  member  from  each  county,  to  be  chosen  by  the  electors 
thereof. 

§  4.  No  person  shall  be  a  senator  who  shall  not  have  attained  to  the 
age  of  twenty-five  years  ;  and  have  been  nine  years  a  citizen  of  the  Uni- 
ted States,  and  three  years  an  inhabitant  of  this  state,  and  shall  have 
usually  resided  within  the  county  for  which  he  shall  be  returned,  at  least 
one  year  immediately  preceding  his  election,  (except  persons  who  may 
have  been  absent  on  public  business  of  this  state  or  of  the  United  States,) 
and  is,  and  shall  have  been  possessed,  in  his  own  right,  of  a  settled  free- 
hold estate  of  the  value  of  five  hundred  dollars,  or  of  taxable  property 
to  the  amount  of  one  thousand  dollars,  within  the  county,  or  for  one 
year  preceding  his  election ;  and  whose  estate  shall,  on  a  reasonable 
estimation,  be  fully  competent  to  the  discharge  of  his  just  debts,  over 
and  above  that  sum. 

§  5.  The  senate  shall  elect,  by  ballot,  a  president  out  of  their  own 
body. 

§  6.  The  senate  shall  have  the  sole  power  to  try  all  impeachments. 
When  sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation  :  and 
no  person  shall  be  convicted  without  the  concurrence  of  two-thirds  of 
the  members  present : — Judgment  in  cases  of  impeachment  shall  not  ex- 
tend further  than  removal  from  office  and  disqualification  to  hold  and 
enjoy  any  office  of  honour,  trust,  or  profit,  within  this  state  ;  but  the  party 
convicted  shall,  nevertheless,  be  subject  to  indictment,  trial,  judgment, 
and  punishment,  according  to  law. 

§  7.  The  house  of  representatives  shall  be  composed  of  members 
from  all  the  counties  which  now  are,  or  hereafter  may  be,  included 
within  this  state,  according  to  their  respective  numbers  of  free  white 
persons,  and  including  three-fifths  of  all  the  people  of  colour.  The 
actual  enumeration  shall  be  made  within  two  years,  and  within  every 
subsequent  term  of  seven  years  thereafter,  at  such  time  and  in  such 
manner  as  this  convention  may  direct.  Each  county  containing  three 
thousand  persons,  agreeably  to  the  foregoing  plan  of  enumeration,  shall 
be  entitled  to  two  members ;  seven  thousand  to  three  members  ;  and 
twelve  thousand  to  four  members ;  but  each  county  shall  have  at  least 
one,  and  not  more  than  four  members  ;  the  representatives  shall  be 
chosen  annually,  on  the  first  Monday  in  November,  until  such  day  of 
election  be  altered  by  law.  Until  the  aforesaid  enumeration  shall  be 
made,  the  several  counties  shall  be  entitled  to  the  following  number  of 
representatives,  respectively  :  Camden  two  ;  Glynn  two  ;  Liberty  three  ; 
M'Intosh  two  ;  Bryan  one ;  Chatham  four ;  Effingham  two ;  Scriven 
two ;  Montgomery  two ;  Burke  three  ;  Bullock  one  ;  Jeflferson  three  j 
Lincoln  two;  Elbert  three;  Jackson  two;  Richmond  three;  Wilkes 
four;  Columbia  three;  Warren  three;  Washington  three;  Hancock 
four  ;  Greene  three  ;  Oglethorpe  three  ;  and  Franklin  two. 

§  8.  No  person  shall  be  a  representative  who  shall  not  have  attained  to 
the  age  of  twenty-one  years,  and  have  been  seven  years  a  citizen  of  the 
United  States,  three  years  an  inhabitant  of  this  state,  and  have  usually 


216  CONSTITUTION    OF 

resided  in  the  county  in  which  he  shall  be  chosen,  one  year  immediately 
preceding  his  election,  (unless  he  shall  have  been  absent  on  public  busi- 
ness of  this  state  or  of  the  United  States,)  and  shall  be  possessed  in  his 
own  right  of  a  settled  freehold  estate  of  the  value  of  two  hundred  and 
fifty  dollars,  or  of  taxable  property  to  the  amount  of  five  hundred  dollars 
within  the  county,  for  one  year  preceding  his  election  ;  and  whose  estate 
shall,  on  a  reasonable  estimation,  be  competent  to  the  discharge  of  his 
just  debts,  over  and  above  that  sum. 

§  9.  The  house  of  representatives  shall  choose  their  speaker  and  other 
officers. 

§  10.  They  shall  have  solely  the  power  to  impeach  all  persons  who 
have  been  or  may  be  in  office. 

§  II.  No  person  holding  any  military  commission  or  other  appoint- 
ment, having  any  emolument  or  compensation  annexed  thereto,  under 
this  state  or  the  tjnited  States,  or  either  of  them,  except  justices  of  the 
inferior  court,  justices  of  the  peace,  and  officers  of  the  militia,  nor  any 
person  who  has  had  charge  of  public  moneys  belonging  to  the  state,  un- 
accounted for  and  unpaid,  or  who  has  not  paid  all  legal  taxes  or  con- 
tributions to  the  government  required  of  him,  shall  have  a  seat  in  either 
branch  of  the  general  assembly ;  nor  shall  any  senator  or  representative 
be  elected  to  any  oflice  or  appointment  by  the  legislature,  having  any 
emoluments  or  compensation  annexed  thereto,  during  the  time  for  which 
ne  shall  have  been  elected,  with  the  above  exception,  unless  he  shall  de- 
cline accepting  his  seat,  by  notice  to  the  executive  within  twenty  days 
after  he  shall  have  been  elected ;  nor  shall  any  member,  after  having 
taken  his  seat,  be  eligible  to  any  of  the  aforesaid  offices  or  appointments 
during  the  time  for  which  he  shall  have  been  elected. 

§  12.  The  meeting  of  the  general  assembly  shall  be  annually,  on  the 
second  Tuesday  in  January,  until  such  day  of  meeting  be  altered  by 
law :  a  majority  of  each  branch  shall  be  authorized  to  proceed  to  busi- 
ness ;  but  a  smaller  number  may  adjourn  from  day  to  day,  and  compel 
the  attendance  of  their  members  in  such  manner  as  each  house  may  pre- 
scribe. 

§  13.  Each  house  shall  be  the  judges  of  the  elections,  returns,  and 
qualifications  of  its  own  members  ;  with  powers  to  expel  or  punish,  by 
censuring,  fining,  and  imprisoning,  or  either,  for  disorderly  behaviour ; 
and  may  expel  any  person  convicted  of  any  felonious  or  infamous  of- 
fence ;  each  house  may  punish  by  imprisonment,  during  session,  any 
person  not  a  member,  who  shall  be  guilty  of  disrespect  by  any  disorderly 
or  contemptuous  behaviour  in  its  presence,  or  who,  during  session,  shall 
threaten  harm  to  the  body  or  estate  of  any  member,  for  any  thing  said  or 
done  in  either  house,  or  who  shall  assault  any  of  them  therefor  ;  or  who 
shall  assault  or  arrest  any  witness  in  going  to  or  returning  from,  or  who 
shall  rescue  any  person  arrested  by  order  of  either  house. 

§  14.  No  senator  or  representative  shall  be  Uable  to  be  arrested  during 
his  attendance  on  the  general  assembly,  or  for  ten  days  previous  to  its 
sitting,  or  for  ten  days  after  the  rising  thereof,  except  for  treason,  felony, 
or  breach  of  the  peace  ;  nor  shall  any  member  be  liable  to  answer  for 
any  thing  spoken  in  debate  in  either  house,  in  any  court  or  place 
elsewhere  ;  but  shall  nevertheless  be  bound  to  answer  for  perjury,  bri- 
^•T,  or  corruption. 

15.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  publish 


GEORGIA.  217 

them  immediately  after  their  adjournment ;  and  the  3-eas  and  na)^s  of  the 
members  on  any  question  shall,  at  the  desire  of  any  two  members,  be 
enteied  on  the  journals. 

§  16.  All  bills  for  raising  revenue  or  appropriating  moneys,  shall  ori- 
ginate in  the  house  of  representatives  ;  but  the  senate  shall  propose  or 
concur  with  amendments,  as  in  other  bills. 

§  17.  Every  bill  shall  be  read  three  times  and  on  three  separate  days,  in 
each  branch  of  the  general  assembly,  before  it  shall  pass,  unless  in  cases 
of  actual  invasion  or  insurrection  ;  nor  shall  any  law  or  ordinance  pass, 
containing  any  matter  different  from  what  is  expressed  in  the  title 
thereof;  and  all  acts  shall  be  signed  by  the  president  in  the  senate,  and 
speaker  in  the  house  of  representatives  :  No  bill  or  ordinance  which 
shall  have  been  rejected  by  eitlicr  house,  shall  be  brought  in  again  du- 
ring the  session,  under  the  same  or  any  other  title,  without  the  consent 
of  two-thirds  of  each  branch. 

§  18.  Each  senator  and  representative,  before  he  be  permitted  to  take 
his  seat,  shall  take  an  oath,  or  make  affirmation,  that  he  hath  not  prac- 
tised any  unlawful  means,  either  directly  or  indirectly,  to  procure  his 
election;  and  every  person  shall  be  disqualified  from  serving  as  a  sena- 
tor or  representative,  for  the  term  for  which  he  shall  have  been  elected, 
who  shall  be  convicted  of  having  given  or  offered  any  bribe,  or  treat,  or 
canvassed  for  such  election  ;  and  every  candidate  employing  like  means, 
and  not  elected,  shall,  on  conviction,  be  ineligible  to  hold  a  seat  in  either 
house,  or  to  hold  any  office  of  honour  or  profit  for  the  term  of  one  year, 
and  to  such  other  disabilities  or  penalties  as  may  be  prescribed  by  law. 

§  19.  Every  member  of  the  senate  and  house  of  representatives  shall, 
before  he  takes  his  seat,  take  the  following  oath  or  affirmation,  to  wit : 
"  I,  A.  B.,  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  have 
not  obtained  my  election  by  bribery,  treats,  canvassing,  or  other  undue 
or  unlawful  means,  used  by  myself,  or  others  by  my  desire  or  approba- 
tion, for  that  purpose  ;  that  I  consider  myself  constitutionally  qualified 
as  a  senator  or  representative  ;  and  that,  on  all  questions  and  measures 
which  may  come  before  me,  I  will  give  my  vote,  and  so  conduct  myself, 
as  may,  in  my  judgment,  appear  most  conducive  to  the  interest  and 
prosperity  of  this  state ;  and  that  I  will  bear  true  faith  and  allegiance  to 
the  same  ;  and  to  the  utmost  of  my  power  and  ability  observe,  conform 
to,  support,  and  defend  the  constitution  thereof." 

§  20.  No  person  who  hath  been  or  may  be  convicted  of  felony  before 
any  court  of  this  state,  or  any  of  the  United  States,  shall  be  eligible  to 
any  office  or  appointment  of  honour,  profit,  or  trust,  within  this  state. 

§  21.  Neither  house,  during  the  session  of  the  general  assembly,  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than  three  daj^s,  nor 
to  any  other  place  than  that  at  which  the  two  branches  shall  be  sitting ; 
and  in  case  of  disagreement  between  the  senate  and  house  of  representa- 
tives, with  respect  to  their  adjournment,  the  governor  may  adjourn  them. 

§  22.  The  general  assembly  shall  have  power  to  make  all  laws  and 
ordinances  which  they  shall  deem  necessary  and  proper  for  the  goo« '  cf 
the  state,  which  shall  not  be  repugnant  to  this  constitution. 

§  23,  They  shall  have  power  to  alter  the  boundaries  of  tLc  ^."osent 
counties,  and  to  lay  off  new  ones,  as  well  out  of  the  counties  already 
laid  off,  as  out  of  the  other  territory  belonging  to  the  state  :  but  the  pro- 
perty of  the  soil,  in  a  free  government,  being  one  of  the  esser.tial  rights 


218  CONSTITUTION    OF 

«f  a  free  people,  it  is  necessary,  in  order  to  avoid  disputes,  that  tlic  limits 
of  this  state  should  be  ascertained  with  precision  and  exactness  ;  and  this 
convention,  composed  of  the  immediate  representatives  of  the  people, 
chosen  by  them  to  assert  their  rights,  to  revise  the  powers  given  by  them 
to  the  government,  and  from  whose  will  all  ruling  authority  of  right 
flows,  doth  assert  and  declare,  the  boundaries  of  this  state  shall  be  as 
follows,  that  is  to  say  :  the  limits,  boundaries,  jurisdictions,  and  autho- 
rity of  the  state  of  Georgia,  do,  and  did,  and  of  right  ought  to,  extend 
from  the  sea  or  mouth  of  the  river  Savannah,  along  the  northern  branch 
or  stream  thereof,  to  the  fork  or  confluence  of  the  rivers  now  called  Tu- 
galo  and  Keowee,  and  from  thence  along  the  most  northern  branch  or 
stream  of  the  said  river  Tugalo,  till  it  intersect  the  northern  boundary 
line  of  South  Carolina,  if  the  said  branch  or  stream  of  Tugalo  extends  so 
far  north,  reserving  all  the  islands  in  the  said  river  Savannah  and  Tu- 
galo to  Georgia;  but,  if  the  head  spring  or  source  of  any  branch  or 
stream  of  the  said  river  Tugalo  does  not  extend  to  the  north  boundary 
line  of  South  Carolina,  then  a  west  line  to  the  Mississippi,  to  be  drawn  from 
the  head  spring  or  source  of  the  said  branch  or  stream  of  Tugalo  river, 
which  extends  to  the  highest  northern  latitude  ;  thence,  down  the  middle 
of  the  said  river  Mississippi,  until  it  shall  intersect  the  northernmost  part 
of  the  thirty-first  degree  of  north  latitude  ;  south,  by  a  hne  drawn  due 
east,  from  the  termination  of  the  line  last  mentioned,  in  the  latitude  of 
thirty-one  degrees  north  of  the  equator,  to  the  middle  of  the  river  Apala- 
chicola,  or  Chatahoochee ;  thence,  along  the  middle  thereof,  to  its  junc- 
tion with  Flint  river ;  thence  straight  to  the  head  of  St.  Mary's  river ; 
and  thence,  along  the  middle  of  St.  Mary's  river,  to  the  Atlantic  ocean, 
and  from  thence  to  the  mouth  or  inlet  of  Savannah  river,  the  place  of 
beginning  :  including  and  comprehending  all  the  lands  and  waters  within 
the  said  limits,  boundaries,  and  jurisdictional  rights  ;  and  also  all  the 
islands  within  twenty  leagues  of  the  sea  coast.  And  this  convention 
doth  further  declare  and  assert,  that  all  the  territory  without  the  present 
temporary  line,  and  within  the  limits  aforesaid,  is  now,  of  right,  the  pro- 
perty of  the  free  citizens  of  this  state,  and  held  by  them  in  sovereignty, 
inaUenable  but  by  their  consent.  Provided,  nevertheless.  That  nothing 
herein  contained  shall  be  construed  so  as  to  prevent  a  sale  to,  or  con- 
tract with  the  United  States,  by  the  legislature  of  this  state,  of  and  for 
all  or  any  part  of  the  western  territory  of  this  state,  lying  westward  of 
the  river  Chatahoochee,  on  such  terms  as  may  be  beneficial  to  both  par 
ties  ;  and  may  procure  an  extension  of  settlement,  and  extinguishment 
of  Indian  claims,  in  and  to  the  vacant  territory  of  this  state  to  the  east 
and  north  of  the  said  river  Chatahoochee,  to  which  territory,  such 
power  of  contract  or  sale,  by  the  legislature,  shall  not  extend  :  And  pro- 
vided  also.  The  legislature  may  give  its  consent  to  the  estabhshment  of 
one  or  more  governments  westward  thereof;  but  monopolies  of  land  by 
individuals  being  contrary  to  the  spirit  of  our  free  government,  no  sale  of 
territory  of  this  state,  or  any  part  thereof,  shall  take  place  to  individuals 
or  private  companies,  unless  a  county  or  counties  shall  have  been  first 
laid  off,  including  such  territory,  and  the  Indian  rights  shall  have  beer 
extinguished  thereto. 

§  24.  The  foregoing  section  of  this  article  having  declared  the  com- 
mon rights  of  the  free  citizens  of  this  state,  in  and  to  all  the  territory 
without  the  present  temporary  boundary  line,  and  within  the  limits  oi 


GEORGIA.  219 

this  state  thereby  defined,  by  which  tlie  contemplated  purchases  of  cer- 
tain companies  of  a  considerable  portion  thereof  are  become  constitu- 
tionally void  ;  and  justice  and  good  faith  require,  that  the  state  should 
not  detain  a  consideration  for  a  contract  which  has  failed  ;  the  legisla- 
ture, at  their  next  session,  shall  make  provision  by  law  for  returning  to  any 
person  or  persons  who  has  or  have  bona  fide  deposited  mone3-s  for  such 
purchases  in  the  treasury  of  this  state  ;  Provided,  that  the  same  shall  not 
have  been  drawn  therefrom  in  terms  of  tlie  act  passed  the  thirteenth 
day  of  February,  one  thousand  seven  hundred  and  ninety-six,  com- 
monly called  the  rescinding  act,  or  the  appropriation  laws  of  the 
years  one  thousand  seven  hundred  and  ninety  dix  and  one  thousand 
seven  hundred  and  ninety-seven  ;  nor  shall  the  moneys  paid  for  such 
purchases  ever  be  deemed  a  part  of  the  funds  of  this  state,  or  be  liable 
to  appropriation  as  such  ;  but  until  such  moneys  be  drawn  from  the 
treasury,  they  shall  be  considered  altogether  at  the  risk  of  the  persons 
who  have  deposited  the  same.  No  money  shall  be  drawn  out  of  the 
treasury  or  from  the  public  funds  of  this  state,  except  by  appropriation 
made  by  law  ;  and  a  regular  statement  and  account  of  the  receipts  and 
expenditures  of  all  public  moneys  shall  be  published  from  time  to  time. 
No  vote,  resolution,  law,  or  order,  shall  pass  the  general  assembly,  grant- 
ing a  donation  or  gratuity  in  favour  of  any  person  whatever,  but  by  the 
concurrence  of  two-thirds  of  the  general  assembly. 

§  25.  It  shall  be  the  duty  of  the  justices  of  the  inferior  court,  or  any 
three  of  them,  in  each  county  respectively,  within  sixty  days  after  the 
adjournment  of  this  convention,  to  appoint  one  or  more  fit  persons  in 
each  county,  not  exceeding  one  for  each  battalion  district,  whose  duty 
it  shall  be  to  take  a  full  and  accurate  census  or  enumeration  of  all  free 
white  persons  and  people  of  colour  residing  therein,  distinguishing,  in 
separate  columns,  the  free  white  persons  from  persons  of  colour,  and 
return  the  same  to  the  clerks  of  the  superior  courts  of  the  several 
counties,  certified  under  their  hands,  on  or  before  the  first  day  of  De- 
cember next ;  the  persons  so  appointed,  being  first  severally  sworn 
before  the  said  justices,  or  either  of  them,  duly  and  faithfully  to  perform 
the  trust  reposed  in  them ;  and  it  shall  be  the  duty  of  the  said  clerks  to 
transmit  all  such  returns,  under  seal,  directed  to  the  speaker  of  the  house 
of  representatives,  at  the  first  session  of  the  legislature  thereafter.  And 
it  shall  be  the  duty  of  the  general  assembly,  at  their  said  first  session,  to 
apportion  the  members  of  the  house  of  representatives  among  the  several 
counties,  agreeably  to  the  plans  prescribed  by  this  constitution,  and  to 
provide  an  adequate  compensation  for  the  taking  of  the  said  census. 
Every  person  whose  usual  place  of  abode  shall  be  in  any  family  on  the 
first  Monday  in  July  next,  shall  be  returned  as  of  such  family ;  and  of 
every  person  occasionally  absent  at  the  time  of  taking  the  enumeration,  as 
belonging  to  that  place  in  which  he  usually  resides.  The  general  as- 
sembly shall,  by  law,  direct  the  manner  of  taking  such  census  or  enu- 
meration, within  every  subsequent  term  of  seven  years,  in  conformity  to 
this  constitution.  And  it  is  declared  to  be  the  duty  of  all  officers,  civil 
and  military,  throughout  the  state,  to  be  aiding  and  assisting  in  the  true 
and  faithful  execution  thereof.  In  case  the  justices  of  the  inferior  courts 
should  fail  to  make  such  appointments,  or  if  there  should  not  be  a  suf- 
ficient number  of  such  justices  in  any  county,  tlien  the  justices  of  the 
peace,  or  any  three  of  them,  shall  have  and  exercise  like  powers  and 


220  CONSTITUTION    OF 

authority  respecting  the  said  census  ;  and  if  the  census  or  enumeration 
of  any  county  shall  not  be  so  taken  and  returned,  then,  and  in  that 
case,  the  general  assembly  shall  apportion  the  representation  of  such 
county  according  to  the  best  evidence  in  their  power,  relative  to  its 
population. 

ARTICLE    2. 

§  1.  The  executive  power  shall  be  vested  in  a  governor,  who  shall 
hold  his  office  during  the  tenn  of  two  years,  and  until  such  time  as  a 
successor  shall  be  chosen  and  qualified.  He  shall  have  a  competent 
salary,  established  by  law,  which  shall  not  be  increased  or  diminished 
during  the  period  for  which  he  shall  have  been  elected  ;  neither  shall 
he  receive,  within  that  period,  any  other  emolument  from  the  United 
States,  or  either  of  them,  or  from  any  foreign  power. 

§  2.  The  governor  shall  be  elected  by  the  general  assembly,  at  their 
second  annual  session  after  the  rising  of  tliis  convention,  and  at  every 
second  annual  session  thereafter,  on  the  second  day  after  the  two  houses 
shall  be  organized  and  competent  to  proceed  to  business. 

§  3.  No  person  shall  be  eligible  to  the  office  of  governor  who  shall 
not  have  been  a  citizen  of  the  United  States  twelve  years,  and  an  in- 
habitant of  this  state  six  years,  and  who  hath  not  attained  to  the  age 
of  thirty  years,  and  who  does  not  possess  five  hundred  acres  of  land, 
in  his  own  right,  within  this  state,  and  other  property  to  the  amount 
of  four  thousand  dollars,  and  whose  estate  shall  not,  on  a  reasonable 
estimation,  be  competent  to  the  discharge  of  his  debts,  over  and  above 
that  sum. 

§  4.  In  case  of  the  death,  resignation,  or  disability  of  the  governor, 
the  president  of  the  senate  shall  exercise  the  executive  powers  of  govern- 
ment until  such  disability  be  removed,  or  until  the  next  meeting  of  the 
general  assembly. 

§  5.  The  governor  shall,  before  he  enters  on  the  duties  of  his  office, 
take  the  following  oath  or  affirmation  :  "  I  do  solemnly  swear  (or  af- 
firm, as  the  case  may  be)  that  I  will  faithfully  execute  the  office  of 
governor  to  the  state  of  Georgia ;  and  will,  to  the  best  of  my  abilities, 
preserve,  protect,  and  defend  the  said  state,  and  cause  justice  to  be  exe- 
cuted in  mercy  therein,  according  to  the  constitution  and  laws  thereof." 

§  6.  He  shall  be  commander-in-chief  of  the  army  and  navy  of  this 
state,  and  of  the  militia  thereof. 

§  7.  He  shall  have  power  to  grant  reprieves  for  oflTcnces  against  the 
state,  except  in  cases  of  impeachment,  and  to  grant  pardons  or  to  remit 
any  part  of  a  sentence,  in  all  cases  after  conviction,  except  for  treason  or 
murder,  in  which  cases  he  may  respite  the  execution,  and  make  report 
thereof  to  the  next  general  assembly,  by  whom  a  pardon  may  be  granted. 

§  8.  He  shall  issue  writs  of  election  to  fill  up  all  vacancies  that  hap- 
pen in  the  senate  or  house  of  representatives  ;  and  shall  have  power  to 
convene  the  general  assembly  on  extraordinary  occasions  ;  and  shall 
give  them,  from  time  to  time,  information  of  the  state  of  the  republic,  and 
recommend  to  their  consideration  such  measures  as  he  may  deem  ne- 
cessary and  expedient. 

§  9.  When  any  office  shall  become  vacant  by  death,  resignation,  or 
otherwise  the  governor  shall  have  the  power  to  fill  such  vacancy  ;  and  per- 
sons so  appointed  shall  continue  in  office  until  a  successor  is  appointed, 


GEORGIA.  221 

agreeably  to  the  mode  pointed  out  by  this  constitution  or  by  the  legis- 
lature. 

§  10.  He  shall  have  the  revision  of  all  bills  passed  by  both  houses, 
before  the  same  shall  become  laws ;  but  two-thirds  of  both  houses  may 
pass  a  law  notwithstanding  his  dissent ;  and  if  any  bill  should  not  be 
returned  by  the  governor  within  five  days  after  it  hath  been  presented  to 
him,  tlie  same  shall  be  a  law,  unless  the  general  assembly,  by  their  ad- 
journment, shall  prevent  its  return. 

§  11.  Every  vote,  resolution,  or  order,  to  which  the  concurrence  of 
both  houses  may  be  necessary,  except  on  a  question  of  adjournment, 
shall  be  presented  to  the  governor;  and,  before  it  shall  take  effect,  be 
approved  by  him ;  or,  being  disapproved,  may  be  repassed  by  two-thirds 
of  both  houses,  according  to  the  rules  and  limitations  prescribed  in  case 
of  a  bill. 

§  12.  There  shall  be  a  secretary  of  the  state,  a  treasurer,  and  a  sur- 
veyor-general, appointed  in  the  same  manner  and  at  the  same  session 
of  the  legislature,  and  they  shall  hold  their  offices  for  the  like  period  as 
the  governor,  and  shall  have  a  competent  salary,  including  such  emolu- 
ments as  may  be  established  by  law,  which  shall  not  be  increased  or 
diminished  during  the  period  for  which  they  shall  have  been  elected. 

§  1 3.  The  great  seal  of  the  state  shall  be  deposited  in  the  office  of  the 
secretary  of  state,  and  shall  not  be  affixed  to  any  instrument  of  writing, 
but  by  order  of  the  governor  or  general  assembly ;  and  the  general  as- 
sembly shall,  at  their  first  session  after  the  rising  of  this  convention, 
cause  the  great  seal  to  be  altered  by  law. 

§  14.  The  governor  shall  have  power  to  appomt  liis  own  secretaries. 

AKTICLE  3. 

§  1.  The  judicial  powers  of  this  state  shall  be  vested  in  a  superior 
court,  and  in  such  inferior  jurisdictions  as  the  legislature  shall,  from 
time  to  time,  ordain  and  establish.  The  judges  of  the  superior  court 
shall  be  elected  for  the  term  of  three  years,  removable  by  the  governor, 
on  the  address  of  two-thirds  of  both  houses  for  that  purpose,  or  by  im- 
peachment and  conviction  thereon.  The  superior  court  shall  have  ex- 
clusive and  final  jurisdiction  in  all  criminal  cases  which  shall  be  tried  in 
the  county  wherein  the  crime  was  committed,  and  in  all  cases  respecting 
titles  to  land,  which  shall  be  tried  in  the  county  where  the  land  lies ; 
and  shall  have  power  to  correct  errors  in  inferior  judicatories  by  writs  of 
certiorari,  as  well  as  errors  in  the  superior  courts,  and  to  order  new 
trials  on  proper  and  legal  grounds  ;  Provided,  that  such  new  trials  shall 
be  determ-Jied,  and  such  errors  corrected,  in  the  superior  court  of  the 
county  in  which  such  action  originated.  And  the  said  court  shall  also 
have  appellative  jurisdiction  in  such  other  cases  as  the  legislature  may 
by  law  direct,  which  shall  in  no  case  tend  to  remove  the  cause  from  the 
county  in  which  the  action  originated ;  and  the  judges  thereof,  in  all 
cases  of  application  for  new  trials,  or  correction  of  error,  shall  enter 
their  opinions  on  the  minutes  of  the  court.  The  inferior  courts  shall 
have  cognizance  of  all  other  civil  cases,  which  shall  be  tried  in  the  county 
wherein  the  defendant  resides,  except  in  cases  of  joint  obligers,  re- 
siding in  dJiTerent  counties,  which  may  be  commenced  in  either  county  : 
and  a  copy  of  the  petition  and  process,  served  on  the  party  or  parties 
residing  out  of  the  county  in  which  the  suit  may  be  commenced,  shall 


222  CONSTITUTION   OF 

be  deemed  sufficient  service,  under  such  rules  and  regulations  as  the 
legislature  may  direct ;  but  the  legislature  may,  by  law,  to  which  two- 
thirds  of  each  branch  shall  concur,  give  concurrent  jurisdiction  to  the 
superior  courts.  The  superior  and  inferior  courts  shall  sit  in  each 
county  twice  in  every  year,  at  such  stated  times  as  the  legislature  shall 
appoint. 

§  2.  The  judges  shall  have  salaries  adequate  to  their  services,  estab- 
lished by  law,  which  shall  not  be  increased  or  diminished  during  their 
continuance  in  office  ;  but  shall  not  receive  any  other  perquisites  or 
emoluments  whatever,  from  parties  or  others,  on  account  of  any  duty 
required  of  them. 

§  3.  There  shall  be  a  state's  attorney  and  solicitors  appointed  by  the 
legislature,  and  commissioned  by  the  governor,  who  shall  hold  their 
offices  for  the  term  of  three  years,  unless  removed  by  sentence  on  im- 
peachment, or  by  the  governor,  on  the  address  of  two-thirds  of  each 
branch  of  the  general  assembly.  They  shall  have  salaries  adequate  to 
their  services,  established  by  law,  which  shall  not  be  increased  or  dimi- 
nished during  their  continuance  in  office. 

§  4.  Justices  of  the  inferior  courts  shall  be  appointed  by  the  general 
assembly,  and  be  commissioned  by  the  governor,  and  shall  hold  their 
commissions  during  good  behaviour,  or  as  long  as  they  respectively 
reside  in  the  county  for  which  they  shall  be  appointed,  unless  removed 
by  sentence  on  impeachment,  or  by  the  governor,  on  the  address  of 
two-thirds  of  each  branch  of  the  general  assembly.  They  may  be  com- 
pensated for  their  services  in  such  manner  as  the  legislature  may  by  law 
direct. 

§  5.  The  justices  of  the  peace  shall  be  nominated  by  the  inferior 
courts  of  the  several  counties,  and  commissioned  by  the  governor ;  and 
there  shall  be  two  justices  of  the  peace  in  each  captain's  district,  either 
or  both  of  whom  shall  have  power  to  try  all  cases  of  a  civil  nature  within 
their  district,  where  the  debt  or  litigated  demand  does  not  exceed  thirty 
dollars,  in  such  manner  as  the  legislature  may  by  law  direct.  They 
shall  hold  their  appointments  during  good  behaviour,  or  until  they  shall 
be  removed  by  conviction,  on  indictment  in  the  superior  court,  for  mal- 
practice in  office,  or  for  any  felonious  or  infamous  crime,  or  by  the  go- 
vernor, on  the  address  of  two-thirds  of  each  branch  of  the  legislature. 

§  6.  The  powers  of  a  court  of  ordinary,  or  register  of  probates,  shall 
be  invested  in  the  inferior  courts  of  each  county,  from  whose  decision 
there  may  be  an  appeal  to  the  superior  court,  under  such  restrictions 
and  regulations  as  the  general  assembly  may  by  law  direct;  but  the  in- 
ferior court  shall  have  power  to  vest  the  care  of  the  records,  and  othei 
proceedings  therein,  in  the  clerk,  or  such  other  person  as  they  may  ap- 
point, and  any  one  or  more  justices  of  the  said  court,  with  such  clerk  oi 
other  person,  may  issue  citations  and  grant  temporary  letters,  in  time  of 
vacation,  to  hold  until  the  next  meeting  of  the  said  court ;  and  such 
clerk  or  other  person  may  grant  marriage  licenses. 

§  7.  The  judges  of  the  superior  courts,  or  any  one  of  them,  shall 
have  power  to  issue  writs  of  mandamus,  prohibition,  scire  facias,  and 
all  other  writs  which  may  be  necessary  for  carrying  their  powers  fully 
into  effect. 

§  8.  Within  five  years  after  the  adoption  of  this  constitution,  the 
body  of  our  laws,  civil  and  criminal,  shall  be  revised,  digested,  and  ar- 


GEORGIA.  223 

ranged  under  proper  heads,  and  promulgated  in  such  manner  as  tho 
legislature  may  direct ;  and  no  person  shall  be  debarred  from  advocating 
or  defending  his  cause,  before  any  court  or  tribunal,  either  by  himself 
or  counsel,  or  both. 

§  9.  Divorces  shall  not  be  granted  by  the  legislature,  until  the  parties 
Bhall  have  had  a  fair  trial  before  the  superior  court,  and  a  verdict  shall 
have  been  obtained,  authorizing  a  divorce  upon  legal  principles.  And 
in  such  cases,  two-thirds  of  each  branch  of  the  legislature  may  pass  acts 
of  divorce  accordingly. 

§  10.  The  clerks  of  the  superior  and  inferior  courts  shall  be  appointed 
in  such  manner  as  the  legislature  may  by  law  direct,  shall  be  com- 
missioned by  the  governor,  and  shall  continue  in  office  during  good  be- 
haviour. 

§  11.  Sheriffs  shall  be  appointed  in  such  manner  as  the  general  as- 
sembly may  by  law  direct,  and  shall  hold  their  appointments  for  the 
term  of  two  years,  unless  sooner  removed  by  sentence  on  impeachment, 
or  by  the  governor  on  the  address  of  two-thirds  of  the  justices  of  the 
inferior  court  and  of  the  peace  in  the  county  ;  but  no  person  shall  be 
twice  elected  sheriff  within  any  term  of  four  years  ;  and  no  county  offi- 
cer after  the  next  election  shall  be  chosen  at  the  time  of  electing  a  sena- 
tor or  representative. 

AUTICLK   4. 

§  1.  The  electors  of  members  of  the  general  assembly  shall  be  citi- 
zens and  inhabitants  of  this  state,  and  shall  have  attained  the  age  of 
twenty-one  years,  and  have  paid  all  taxes  which  may  have  been  required 
of  them,  and  which  they  may  have  had  an  opportunity  of  paying, 
agreeably  to  law,  for  the  year  preceding  the  election,  and  shall  have  re- 
sided six  months  within  the  county :  Provided,  that,  in  case  of  an  inva- 
sion, and  the  inhabitants  shall  be  driven  from  any  county,  so  as  to  pre- 
vent an  election  therein,  such  refugee  inhabitants,  being  a  majority  of 
the  voters  of  such  county,  may  meet  under  the  direction  of  any  three 
justices  of  the  peace  thereof,  in  the  nearest  county,  not  in  a  state  of 
alarm,  and  proceed  to  an  election,  without  having  paid  such  tax  so  re- 
quired of  electors ;  and  the  persons  elected  thereat  shall  be  entitled  to 
their  seats. 

§  2.  All  elections  by  the  general  assembly  shall  be  by  joint  ballot  of 
both  branches  of  the  legislature  ;  and  when  the  senate  and  house  of 
representatives  unite  for  the  purpose  of  electing,  they  shall  meet  in  the 
representative  chamber,  and  the  president  of  the  senate  shall  in  such 
case  preside,  receive  the  ballots,  and  declare  the  person  or  persons 
elected.  In  all  elections  by  the  people,  the  electors  shall  vote  viva  voce, 
until  the  legislature  shall  otherwise  direct. 

§  3.  The  general  officers  of  the  militia  shall  be  elected  by  the  genera, 
assembly,  and  shall  be  commissioned  by  the  governor.  All  other  officers 
of  the  militia  shall  be  elected  in  such  manner  as  the  legislature  may  di- 
rect, and  shall  be  commissioned  by  the  governor ;  and  all  militia  officers 
now  in  commission,  and  those  which  may  be  hereafter  commissioned, 
shall  hold  their  commissions  during  their  usual  residence  within  tho 
division,  brigade,  regiment,  battalion,  or  company,  to  which  they  belong, 
unless  removed  by  sentence  of  a  court-martial,  or  by  the  governor,  on 
the  address  of  two-thirds  of  each  branch  of  the  general  assembly. 


224  CONSTITUTION  OF 

§  4.  All  persons  appointed  by  the  legislature  to  fill  vacancies  shall 
continue  in  office  only  so  long  as  to  complete  the  time  for  which  their 
predecessors  were  appointed. 

§  5.  Freedom  of  the  press,  and  trial  by  jury,  as  heretofore  used  in 
this  state,  shall  remain  inviolate  ;  and  no  ex  post  facto  law  shall  be 


§  6.  No  person  who  heretofore  hath  been,  or  hereafter  may  be,  a  col- 
lector, or  holder  of  public  moneys,  shall  be  eligible  to  any  otlice  in  this 
state,  until  such  person  shall  have  accounted  for  and  paid  into  the  trea- 
sury all  sums  for  which  he  may  be  accountable  or  liable. 

I  7.  The  person  of  a  debtor,  where  there  is  not  a  strong  presumption 
of  fraud,  shall  not  be  detained  in  prison  after  delivering  up,  bona  fide, 
all  his  estate,  real  and  personal,  for  the  use  of  his  creditors,  in  such 
manner  as  shall  be  hereafter  regulated  by  law. 

§  8.  Convictions  on  impeachments  which  have  heretofore  taken  place, 
are  hereby  released,  and  persons  lying  under  such  convictions  restored 
to  citizenship. 

§  9.  The  writ  of  habeas  corpus  shall  not  be  suspended,  unless  when 
in  case  of  rebellion  or  invasion  the  public  safety  may  require  it. 

§  10.  No  person  within  this  state  shall,  upon  any  pretence,  be  de- 
prived of  the  inestimable  privilege  of  worshipping  God  in  a  manner 
agreeable  to  his  own  conscience,  nor  be  compelled  to  attend  any  place 
of  worship  contrary  to  his  own  faith  and  judgment ;  nor  shall  he  ever 
be  obliged  to  pay  tithes,  taxes,  or  any  other  rate,  for  the  building  or  re- 
pairing any  place  of  worship,  or  for  the  maintenance  of  any  minister  or 
ministry,  contrary  to  what  he  beheves  to  be  right,  or  hath  voluntarily 
engaged  to  do.  No  one  religious  society  shall  ever  be  established  in 
this  state,  in  preference  to  any  other ;  nor  shall  any  person  be  denied 
the  enjoyment  of  any  civil  right,  merely  on  account  of  his  religious 
principles. 

§  11.  There  shall  be  no  future  importation  of  slaves  into  this  state, 
from  Africa  or  any  foreign  place,  after  the  first  day  of  October  next. 
The  legislature  shall  have  no  power  to  pass  laws  for  the  emancipation 
of  slaves  without  the  consent  of  each  of  their  respective  owners,  pre- 
vious to  such  emancipation.  They  shall  have  no  power  to  prevent 
emigrants  from  either  of  the  United  States  to  this  state,  from  bringing 
with  them  such  persons  as  may  be  deemed  slaves  by  the  laws  of  any 
one  of  the  United  States. 

§  12.  Any  person  who  shall  maliciously  dismember  or  deprive  a  slave 
of  his  life,  shall  suffer  such  punishment  as  would  be  inflicted  in  case  the 
like  offence  had  been  committed  on  a  free  white  person,  and  on  the  like 
proof,  except  in  case  of  insurrection  by  such  slave,  and  unless  such 
death  should  happen  by  accident,  in  giving  such  slave  moderate  cor- 
rection. 

§  13.  The  arts  and  sciences  shall  be  promoted,  in  one  or  more  semi- 
naries of  learning  ;  and  the  legislature  shall,  as  soon  as  conveniently 
may  be,  give  such  further  donations  and  privileges  to  those  already  es- 
tablished, as  may  be  necessary  to  secure  the  objects  of  their  institution  • 
and  it  shall  be  the  duty  of  the  general  assembly,  at  their  next  session, 
to  provide  effectual  measures  for  the  improvement  and  permanent  secu- 
rity of  the  funds  and  endowments  of  such  institutions. 

§  14.  All  civil  officers  shall  continue  in  the^  exercise  of  the  duties  of 


GEORGIA.  225 

their  several  offices,  during  the  periods  for  which  they  were  appointed, 
or  until  they  shall  be  superseded  by  appointments  made  in  conformity  to 
this  constitution  :  And  all  laws  now  in  force  shall  continue  to  operate, 
tso  far  as  they  are  compatible  with  this  constitution,  uiitil  repealed  ;  and 
it  shall  be  tiie  duty  of  the  gcneraLassembly  to  pass  all  necessary  laws 
and  regulations  for  carrying  this  constitution  into  full  effect. 

§  15.  No  part  of  this  constitution  shall  be  altered,  unless  a  bill  for  thai 
purpose,  specifying  the  alterations  intended  to  be  made,  shall  have  been 
read  three  times  in  the  house  of  representatives,  and  three  times  in  the 
senate,  on  three  several  days  in  each  house,  and  agreed  to  by  two-thirds 
of  each  house  respectively  ;  and  when  any  such  bill  shall  be  passed  in 
manner  aforesaid,  the  same  shall  be  publislied  at  least  six  montlis  previous 
to  the  next  ensuing  annual  election  for  members  of  the  general  assem- 
bly ;  and  if  such  alterations,  or  any  of  them,  so  proposed,  shall  be  agreed 
to  in  their  first  session  thereafter,  by  two-thirds  of  each  branch  of  the 
general  assembly,  after  the  same  shall  have  been  read  three  times,  on 
three  separate  days,  in  each  respective  house,  then,  and  not  otherwise, 
the  same  shall  become  a  part  of  this  constitution. 

We,  the  underwritten  delegates  of  the  people  of  the  state  of  Georgia, 
chosen  and  authorized  by  them  to  revise,  alter,  or  amend  the  powers 
and  pruiciples  of  their  government,  do  declare,  ordain,  and  ratify  the 
several  articles  and  sections  contained  in  the  six  pages  hereunto  pre- 
fixed, as  the  constitution  of  this  state ;  and  the  same  shall  be  in  ope- 
ration from  the  date  hereof. 

In  testimony,  whereof,  we,  and  each  of  us,  respectively,  have  hereunto 
set  our  hands,  at  Louisville,  the  seat  of  government,  this  thirteenth 
day  of  May,  in  the  year  of  our  Lord,  one  thousand  seven  hundred  and 
ninety-eight,  and  in  the  twenty-second  year  of  the  independence  of 
the  United  States  of  America ;  and  have  caused  the  great  seal  of  the 
state  to  be  affixed  thereto. 

Article  4th,  section  11th,  and  the  first  line,  the  following  words  being 
interlined,  to  wit — "  after  the  first  day  of  October  next." 

JARED  IRWIN,  President. 

Joseph  Clay,  jun.  G.  W.  Foster, 

J.  B.  Maxwell,  Jonas  Fauche, 

John  Pray,  James  Nisbett, 

Benjamin  Davis,  Chas.  Abercrombeej 

John  Morrison,  Thomas  Lamar,  > 

John  Milton,  Matt.  Rabun, 

James  Bird,  Peter  J.  Games, 

Andrew  E.  Wells,  William  Fleming, 

Charies  M'Call,  jun.  R.  D.  Gray, 

James  Seagrove,  George  Wilson, 

Thomas  Stafford,  James  Pittman, 

James  Jackson,  Joseph  Humphries, 

James  Jones,  James  Cochran, 

George  Jones,  James  Powell, 

James  Simms,  James  Dunwody, 


22C 


CONSTITUTION   OF 


Wa.  Drane, 
James  M'Niel, 
John  King, 
John  London, 
Thomas  Polhill, 
William  Bamett, 
R.  Hunt, 

Benjamin  Mosely, 
A.  Franklin, 
Robert  Walters, 
Thomas  Gilbert, 
John  Burnett, 
John  Couper, 
Thomas  Spalding, 
Jarnes  H.  Rotherford, 
James  Oliver, 
John  Watts, 
George  Franklin, 
John  Lawson, 


Henry  Ware, 
Gibson  Woodbridge, 
Jared  Gore, 
John  H.  M'Intosh, 
James  Gignilliat, 
Benjamin  Harrison, 
John  Watts, 
Jofhn  Jones, 
John  Lumpkin, 
Thomas  Duke, 
Burwell  Pope, 
Robert  Watkins, 
Abraham  Jones, 
Lewis  Lanier, 
Arthur  Fort, 
W.  Sith,  jun. 
Matthew  Talbot, 
Jesse  Mercer, 
Benjamin  Taliaferro. 

Mtest,    James  M.  Simmoks,  Secretary. 


AMENDMENT 

TO  THE  COlfSTITUTION  OF  GEORGIA. 

A  recent  amendment  of  the  4th  and  5th  sections  of  the  3d  article  of 
Ihe  constitution  of  Georgia  provides,  substantially,  as  follows  :  Five  jus 
lices  of  the  inferior  court  shall  be  elected,  annually,  by  voters  in  each 
county,  to  preside  in  the  inferior  courts  of  the  county  ;  and  justices  of  the 
peace  shall  be  elected,  annually,  by  the  voters  in  every  militia  captain's 
district. 


CONSTITUTION  OF  KENTUCKY. 


The  Constitution  or  form  of  government  for  the  State  of  Kentucky. 

We,  the  representatives  of  the  people  of  the  state  of  Kentucky,  in 
convention  assembled,  to  secure  to  all  the  citizens  thereof  the  enjoyment 
of  the  right  of  life,  liberty,  and  property,  and  of  pursuing  happiness,  do 
ordain  and  establish  this  constitution  for  its  government : 

ARTICLE   1. 

Concerning  the  Legislative  Department. 

§  1.  The  powers  of  the  government  of  the  state  of  Kentucky  shall  be 
lUvided  into  three  distinct  departments,  and  each  of  them  be  confided  to 


KENTUCKY.  227 

a  separate  body  of  magistracy,  to  wit :  those  which  are  legislative,  to  one  ; 
those  which  are  executive,  to  another ;  and  those  which  are  judiciary,  to 
another. 

2.  No  person  or  collection  of  persons,  being  one  of  those  departments, 
shall  exercise  any  power  properly  belonging  to  either  of  the  others  ;  ex- 
cept in  the  instances  hereinafter  expressly  directed  or  permitted 

AUTICLE  2. 

Concerning'  the  distribution  of  the  potoers  of  the  Government. 

§  1.  The  legislative  power  of  this  commonwealth  shall  be  vested  in 
two  distinct  branches  ;  the  one  to  be  styled  the  house  of  representatives, 
the  other  the  senate,  and  both  together,  the  geiieral  assembly  of  the 
commonwealth  of  Kenticcky. 

2.  The  members  of  the  house  of  representatives  shall  continue  in  ser- 
vice for  the  term  of  one  year  from  the  day  of  the  commencement  of  the 
general  election,  and  no  longer. 

3.  Representatives  shall  be  chosen  on  the  first  Monday  in  the  month 
of  August  in  every  year  ;  but  the  presiding  officers  of  the  several  elec- 
tions shall  continue  the  same  for  three  days,  at  the  request  of  any  one  of 
the  candidates. 

4.  No  person  shall  be  a  representative,  who  at  the  time  of  his  election 
is  not  a  citizen  of  the  United  States,  and  hath  not  attained  to  the  age 
of  twenty -four  years,  and  resided  in  this  state  two  years  next  pre- 
ceding his  election,  and  the  last  year  thereof  in  the  county  or  town  for 
which  he  may  be  chosen. 

5.  Elections  for  representatives  for  the  several  counties  entitled  to 
representation,  shall  be  held  at  the  places  of  holding  their  respective 
courts,  or  in  the  several  election  precincts  into  which  the  legislature 
may  think  proper,  from  time  to  time,  to  divide  any  or  all  of  those  coun- 
ties :  Provided,  that  when  it  shall  appear  to  the  legislature  that  any 
town  hath  a  number  of  qualified  voters  equal  to  the  ratio  then  fixed, 
such  town  shall  be  invested  with  the  privilege  of  a  separate  representa- 
tion, which  shall  be  retained  so  long  as  such  town  shall  contain  a  num- 
ber of  qualified  voters  equal  to  the  ratio  which  may,  from  time,  to  lirae,  be 
fixed  by  law,  and  thereafter  elections,  for  the  county  in  which  such  town 
is  situated,  shall  not  be  held  therein. 

6.  Representation  shall  be  equal  and  uniform  in  this  commonwealth ; 
and  shall  be  for  ever  regulated  and  ascertained  by  the  number  of  quali- 
fied electors  therein.  In  the  year  eighteen  hundred  and  three,  and 
every  fourth  year  thereafter,  an  enumeration  of  all  the  free  male  in- 
habitants of  the  state,  above  twenty-one  years  of  age,  shall  be  made,  in 
such  manner  as  shall  be  directed  by  law.  The  number  of  representa- 
tives shall,  in  the  several  years  of  making  these  enumerations,  be  so 
fixed  as  not  to  be  less  than  fifty-eight,  nor  more  than  one  hundred, 
and  they  shall  be  apportioned  for  the  four  years  next  following,  as  near 
as  may  be,  among  the  several  counties  and  towns,  in  proportion  to  the 
number  of  quaUfied  electors  :  but,  when  a  county  may  not  have  a  suf- 
ficient number  of  qualified  electors  to  entitle  it  to  one  repi-esentative, 
and  when  the  adjacent  county  or  counties  may  not  have  a  residuum  or 
residuums,  which,  when  added  to  the  small  county,  would  entitle  it  to  a 
separate  representation,  it  shall  then  be  in  the  power  of  the  legislature 


228  CONSTITUTION    OF 

to  join  two  or  more  together,  for  the  purpose  of  sending  a  representa- 
tive:  Provided,  that  when  there  are  two  or  more  counties  adjoining,, 
which  have  residuums  over  and  above  the  ratio  when  fixed  by  law,  if 
said  residuums  when  added  together  will  amount  to  such  ratio,  in  that 
case  one  representative  shall  be  added  to  that  county  having  the  largest 
residuum. 

7.  The  house  of  representatives  shall  choose  its  speaker  and  other 
officers. 

8.  In  all  elections  for  representatives,  every  free  male  citizen  (ne- 
groes, mulattoes,  and  Indians  excepted)  who,  at  the  time  being,  hath 
attained  to  the  age  of  twenty-one  years,  and  resided  in  the  state  two 
years,  or  the  county  or  town  in  which  he  offers  to  vote  one  year  next  pre- 
ceding the  election,  shall  enjoy  the  right  of  an  elector ;  but  no  person 
shall  be  entitled  to  vote,  except  in  the  county  or  town  in  which  he  may 
actually  reside  at  the  time  of  the  election,  except  as  is  herein  otherwise 
provided.  Electors  shall  in  all  cases,  except  treason,  felony,  breach  or 
surety  of  the  peace,  be  privileged  from  arrest  during  their  attendance  at, 
going  to,  and  returning  from  elections. 

'  9.  The  members  of  the  senate  shall  be  chosen  for  the  term  of  four 
years  ;  and  when  assembled  shall  have  the  power  to  choose  its  officers 
annually. 

10.  At  the  first  session  of  the  general  assembly  after  this  constitu- 
tion takes  effect,  the  senators  shall  be  divided  by  lot,  as  equally  as  may 
be,  into  four  classes  :  the  seats  of  the  senators  of  the  first  class  shall 
be  vacated  at  the  expiration  of  the  first  year  ;  of  the  second  class,  at  the 
expiration  of  the  second  year ;  of  the  third  class,  at  the  expiration  of 
the  third  year ;  and  of  the  fourth  class,  at  the  expiration  of  the  fourth 
year;  so  that  one-fourth  shall  be  chosen  every  year,  and  a  rotation 
thereby  kept  up  perpetually. 

11.  The  senate  shall  consist  of  twenty-four  members  at  least,  and  for 
every  three  members  above  fifty-eight,  which  shall  be  added  to  the  house 
of  representatives,  one  member  shall  be  added  to  the  senate. 

12.  The  same  number  of  senatorial  districts  shall,  from  time  to  time, 
be  cstabUshed  by  the  legislature,  as  there  may  then  be  senators  allotted 
to  the  otate  ;  which  shall  be  so  formed  as  to  contain,  as  near  as  may  be, 
an  equal  number  of  free  male  inhabitants  in  each,  above  the  age  of 
twenty-one  years,  and  so  that  no  county  shall  be  divided,  or  form  more 
than  one  district ;  and  where  two  or  more  counties  compose  a  district, 
they  shall  be  adjoining. 

13.  When  an  additional  senator  may  be  added  to  the  senate,  he  shall 
be  annexed  by  lot  to  one  of  the  four  classes,  so  as  to  keep  them  as  nearly 
equal  in  number  as  possible. 

14.  One  senator  for  each  district  shall  be  elected  by  those  qualified  to 
vote  for  representatives  therein,  who  shall  give  their  votes  at  the  several 
places  in  the  counties  or  towns  where  elections  are  by  law  directed  to  be 
held. 

15.  No  person  shall  be  a  senator  who,  at  the  time  of  his  election,  is 
not  a  citizen  of  the  United  States,  and  who  hath  not  attained  to  the  age 
of  thirty -five  years,  and  resided  in  this  state  six  years  next  preceding  his 
election,  and  the  last  year  thereof  in  the  district  from  which  he  may  be 
chosen. 

^6.  The  first  election  for  senators  shall  be  general  throughout  the 


KENTUCKY.  .        229 

state,  and  at  the  same  time  that  the  general  election  for  representatives 
is  held  ;  and  thereafter  there  shall,  in  like  manner,  be  an  annual  election 
for  senators,  to  fill  the  places  of  those  whose  time  of  service  may  have 
expired. 

17.  The  general  assembly  shall  convene  on  the  first  Monday  in  the 
month  of  November  in  every  year,  unless  a  different  day  be  appointed 
by  law  ;  and  their  session  shall  be  held  at  the  seat  of  government. 

18.  Not  less  than  a  majority  of  the  members  of  each  house  of  the 
general  assembly  shall  constitute  a  quorum  to  do  business  ;  but  a  smaller 
number  may  adjourn  from  day  to  day,  and  shall  be  authorized  by  law  to 
compel  the  attendance  of  absent  members,  in  such  manner,  and  under 
such  penalties,  as  may  be  prescribed  thereby. 

19.  Each  house  of  the  general  assembly  shall  judge  of  the  quaUfica- 
tions,  elections,  and  returns  of  its  members ;  but  a  contested  election 
shall  be  determined  in  such  manner  as  shall  be  directed  by  law. 

20.  Each  house  of  the  general  assembly  may  determine  the  rules  of 
its  proceedings ;  punish  a  member  for  disorderly  behaviour ;  and,  with 
the  concurrence  of  two-thirds,  expel  a  member,  but  not  a  second  time 
for  the  same  cause. 

21.  Each  house  of  the  general  assem.bly  shall  keep  and  publish, 
weekly,  a  journal  of  its  proceedings  ;  and  the  yeas  and  nays  of  the  mem- 
bers on  any  question  shall,  at  the  desire  of  any  two  of  them,  be  entered 
on  their  journal. 

22.  Neither  house,  during  the  session  of  the  general  assembly,  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than  three  days,  nor 
to  any  other  place  than  that  in  which  they  may  be  sitting. 

23.  The  members  of  the  general  assembly  shall  severally  receive  from 
the  public  treasury  a  compensation  for  their  services,  which  shall  be  one 
dollar  and  a  half  a  day,  during  their  attendance  on,  going  to,  and  return- 
ing from  the  session  of  their  respective  houses  :  Provided,  that  the  same 
may  be  increased  or  diminished  by  law  ;  but  no  alteration  shall  take 
effect  during  the  session  at  which  such  alteration  shall  be  made. 

24.  The  members  of  the  general  assembly  shall,  in  all  cases,  except 
treason,  felony,  breach  or  surety  of  the  peace,  be  privileged  from  arrest, 
during  their  attendance  at  the  sessions  of  their  respective  houses,  and  in 
going  to,  and  returning  from  the  same  ;  and  for  any  speech  or  debate,  in 
either  house,  they  shall  not  be  questioned  in  any  other  place. 

25.  No  senator  or  representative  shall,  during  the  term  for  which  he 
was  elected,  nor  for  one  year  thereafter,  be  appointed  or  elected  to  any 
civil  office  of  profit  under  this  commonwealth,  which  shall  have  been 
created,  or  the  emoluments  of  which  shall  have  been  increased,  during 
the  time  such  senator  or  representative  was  in  office,  except  to  such 
offices  or  appointments  as  may  be  made  or  filled  by  the  elections  of  the 
people. 

26.  No  person,  while  he  continues  to  exercise  the  functions  of  a 
clergyman,  priest,  or  teacher  of  any  religious  persuasion,  society,  or  sect ; 
nor  whilst  he  holds  or  exercises  any  office  of  profit  under  this  common- 
wealth, shall  be  eligible  to  the  general  assembly  ;  except  attorneys  at  law, 
justices  of  the  peace,  and  militia  officers  :  Provided,  that  justices  of  the 
courts  of  quarter  sessions  shall  be  ineligible  so  long  as  any  compensation 
may  be  allowed  them  for  their  services  :  Provided,  also,  that  attorneys 


230  CONSTITUTION   OF 

for  the  commonwealth,  who  receive  a  fixed  annual  salary  from  the  public 
treasury,  shall  be  ineligible. 

27.  No  person  who  at  any  time  may  have  been  a  collector  of  taxes 
for  the  state,  or  the  assistant  or  deputy  of  such  collector,  shall  be  eligible 
to  the  general  assembly  until  he  shall  have  obtained  a  quietus  for  the 
amount  of  such  collection,  and  for  all  public  moneys  for  which  he  may 
be  responsible. 

28.  No  bill  shall  have  the  force  of  a  law  until  on  three  several  days  it 
be  read  over  in  each  house  of  the  general  assembly,  and  free  discussion 
allowed  thereon ;  unless,  in  cases  of  urgency,  four-fifths  of  the  house 
where  the  bill  shall  be  depending,  may  deem  it  expedient  to  dispense 
with  this  rule. 

29.  All  bills  for  raising  revenue  shall  originate  in  the  house  of  repre- 
sentatives ;  but  the  senate  may  propose  amendments,  as  in  other  bills  : 
Provided,  that  they  shall  not  introduce  any  new  matter,  under  the  colour 
of  an  amendment,  which  does  not  relate  to  raising  a  revenue. 

30.  The  general  assembly  shall  regulate,  by  law,  by  whom  and  in 
what  manner  writs  of  election  shall  be  issued  to  fill  the  vacancies  which 
may  happen  in  either  branch  thereof. 

auticle  S. 

Concerning  the  Executive  Departjnent. 

§  1.  The  supreme  executive  power  of  the  commonwealth  snail  be 
vested  in  a  chief  magistrate,  who  shall  be  styled  the  governor  of  the  com- 
monwealth of  Kentucky. 

2.  The  governor  shall  be  elected  for  the  term  of  four  years  by  the  citi- 
zens entitled  to  suffrage  at  the  time  and  places  where  they  shall  respec- 
tively vote  for  representatives.  The  person  having  the  highest  number 
of  votes  shall  be  governor ;  but  if  two  or  more  shall  be  equal  and  highest 
in  votes,  the  election  shall  be  determined  by  lot,  in  such  manner  as  the 
legislature  may  direct. 

.3.  The  governor  shall  be  ineligible  for  the  succeeding  seven  years 
after  the  expiration  of  the  time  far  which  he  shall  have  been  elected. 

4.  He  shall  be  at  least  thirty-five  years  of  age,  and  a  citizen  of  the 
United  States,  and  have  been  an  inhabitant  of  this  state  at  least  six  years 
next  preceding  his  election. 

5.  He  shall  commence  the  execution  of  his  office  on  the  fourth  Tues- 
day succeeding  the  day  of  the  commencement  of  the  general  election  on 
which  he  shall  be  chosen,  and  shall  continue  in  the  execution  thereof 
until  the  end  of  four  weeks  next  succeeding  the  election  of  his  successor, 
and  until  his  successor  shall  have  taken  the  oaths  or  affirmations  pre- 
scribed by  this  constitution. 

6.  No  member  of  congress,  or  person  holding  any  office  under  the 
United  States,  nor  minister  of  any  religious  society,  shall  be  eligible  ti> 
the  office  of  governor. 

7.  The  governor  shall,  at  stated  times,  receive  for  his  services  a  com 
pensation,  which  shall  neither  be  increased  nor  diminished  during  the 
term  for  which  he  shall  have  been  elected. 

8.  He  shall  be  commander-in-chief  of  the  army  and  navy  of  this  com- 
monwealth, and  of  the  militia  thereof,  except  when  they  shall  be  called 
into  the  service  of  the  United  States ;  but  he  shall  not  command  per- 


KENTUCKY.  231 

eonally  in  the  field,  unless  he  shall  be  advised  so  to  do  by  a  resolution 
of  the  general  assembly. 

9.  He  shall  nominate,  and,  by  and  with  the  advice  and  consent  of  the 
senate,  appoint  all  officers  whose  offices  are  established  by  this  constitu- 
tion or  shall  be  established  by  law,  and  whose  appointments  are  not 
herein  otherwise  provided  for :  Provided,  that  no  person  shall  be  so  ap- 
pointed to  an  office  within  any  county,  who  shall  not  have  been  a  citi- 
zen and  inhabitant  therein  one  year  next  before  his  appointment,  if  the 
county  shall  have  been  so  long  erected  ;  but  if  it  shall  not  have  been  so 
long  erected,  then  within  the  limits  of  the  county  or  counties  from  which 
it  shall  have  been  taken  :  Provided,  also,  that  the  county  courts  be  au- 
thorized by  law  to  appoint  inspectors,  collectors,  and  their  deputies,  sur- 
veyors of  the  high-ways,  constables,  jailers,  and  such  oJ;her  inferior 
officers,  whose  jurisdiction  may  be  confined  within  the  limits  of  a 
county. 

10.  The  governor  shall  have  power  to  fill  up  vacancies  that  may  hap- 
pen during  the  recess  of  the  senate,  by  granting  commissions,  which 
shall  expire  at  the  end  of  the  next  session. 

11.  He  shall  have  power  to  remit  fines  and  forfeitures,  grant  reprieves 
and  pardons,  except  in  cases  of  impeachment.  In  cases  of  treason,  he 
shall  have  power  to  grant  reprieves  until  the  end  of  the  next  session  of 
the  general  assembly  ;  in  which  the  power  of  pardoning  shall  be  vested. 

12.  He  may  require  information  in  writing  from  the  officers  in  the 
executive  department,  upon  any  subject  relating  to  the  duties  of  their  re- 
spective offices. 

13.  He  shall  from  time  to  time  give  to  the  general  assembly  informa- 
tion of  the  state  of  the  commonwealth,  and  recommend  to  their  con- 
sideration such  measures  as  he  shall  deem  expedient. 

14.  He  may  on  extraordinary  occasions  convene  the  general  assembly 
at  the  seat  of  government,  or  at  a  different  place,  if  that  should  have  be- 
come, since  their  last  adjournment,  dangerous  from  an  enemy,  or  from 
contagious  disorders ;  and  in  case  of  disagreement  between  the  two 
houses,  with  respect  to  the  time  of  adjournment,  adjourn  them  to  such 
time  as  he  shall  think  proper,  not  exceeding  four  months. 

15.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

1 6.  A  lieutenant-governor  shall  be  chosen  at  every  election  for  a  go- 
vernor, in  the  same  manner,  continue  in  office  for  the  same  time,  and 
possess  the  same  qualifications.  •  In  voting  for  governor  and  lieutenant- 
governor,  the  electors  shall  distinguish  whom  they  vote  for  as  governor, 
and  whom  as  lieutenant-governor. 

1 7.  He  shall,  by  virtue  of  his  office,  be  speaker  of  the  senate,  have  a 
right,  when  in  committee  of  the  whole,  to  debate  and  vote  on  all  sub- 
jects ;  and,  when  the  senate  are  equally  divided,  to  give  the  casting  vote. 

18.  In  case  of  the  impeachment  of  the  governor,  his  removal  from 
office,  death,  refusal  to  qualify,  resignation,  or  absence  from  the  state,  the 
lieutenant-governor  shall  exercise  all  the  power  and  authority  appertain- 
ing to  the  office  of  governor,  until  another  be  duly  qualified,  or  the  go- 
vernor absent  or  impeached  shall  return  or  be  acquitted. 

19.  Whenever  the  government  shall  be  administered  by  the  lieute- 
nant-governor, or  he  shall  be  unable  to  attend  as  speaker  of  the  senate, 
the  senators  shall  elect  one  of  their  own  members  as  speaker,  for  that 


^S2  CONSTITUTION   OF 

occasion.  And  if,  during  the  vacancy  of  the  office  of  governor,  the 
lieutenant-governor  shall  be  impeached,  removed  from  office,  refuse  to 
qualify,  resign,  die,  or  be  absent  from  the  state,  the  speaker  of  the 
senate  shall,  in  like  manner,  administer  the  government. 

20.  The  lieutenant-governor,  while  he  acts  as  speaker  to  the  senate, 
shall  receive  for  his  services  the  same  compensation  which  shall  for 
the  same  period  be  allowed  to  the  speaker  of  the  house  of  representa- 
tives, and  no  more ;  and  during  the  time  he  administers  the  govern- 
ment as  governor,  shall  receive  the  same  compensation  which  the 
governor  would  have  received  and  been  entitled  to  had  he  been  em- 
ployed in  the  duties  of  his  office. 

21.  The  speaker  pro  tempore  of  the  senate,  during  the  time  he  ad- 
ministers the  government,  shall  receive  in  like  manner  the  same  com- 
pensation which  the  governor  would  have  received  had  he  been  em- 
ployed in  the  duties  of  his  office. 

22.  If  the  lieutenant-governor  shall  be  called  upon  to  administer  the 
government,  and  shall,  while  in  such  administration,  resign,  die,  or  be 
absent  from  the  state  during  the  recess  of  the  general  assembly,  it  shall 
be  the  duty  of  the  secretary,  for  the  time  being,  to  convene  the  senate 
for  the  purpose  of  choosing  a  speaker. 

23.  An  attorney-general,  and  such  other  attorneys  for  the  common- 
wealth as  may  be  necessary,  shall  be  appointed,  whose  duty  shall  be 
regulated  by  law.  Attorneys  for  the  commonwealth,  for  the  several 
counties,  shall  be  appointed  by  the  respective  courts  having  jurisdiction 
therein. 

24.  A  secretary  shall  be  appointed  and  commissioned  during  the  terra 
for  which  the  governor  shall  have  been  elected,  if  he  shall  so  long  behave 
himself  well.  He  shall  keep  a  fair  register,  and  attest  all  the  official  acta 
and  proceedings  of  the  governor,  and  shall,  when  required,  lay  the  same, 
and  all  papers,  minutes,  and  vouchers,  relative  thereto,  before  either 
house  of  the  general  assembly,  and  shall  perform  such  other  duties  as 
may  be  enjoined  him  by  law. 

25.  Every  bill  which  shall  have  passed  both  houses  shall  be  presented 
to  the  governor :  if  he  approve,  he  shall  sign  it,  but  if  not,  he  shall  re- 
turn it  with  his  objections,  to  the  house  in  which  it  shall  have  originated, 
who  shall  enter  the  objections  at  large  upon  the  journal,  and  proceed 
to  reconsider  it;  if,  after  such  reconsideration,  a  majority  af  all  the 
members  elected  to  that  house  shall  agree  to  pass  the  bill,  it  shall  be 
sent,  with  the  objections,  to  the  other  house,  by  which  it  shall  be  like- 
wise considered,  and  if  approved  by  a  majority  of  all  the  members  elect- 
ed to  that  house,  it  shall  be  a  law ;  but  in  such  cases  the  votes  of  both 
houses  shall  be  determined  by  yeas  and  nays,  and  the  persons  voting  for 
and  against  the  bill  shall  be  entered  on  the  journal  of  each  house  re- 
spectively ;  if  any  bill  shall  not  be  returned  by  the  governor,  within  ten  days 
(Sundays  excepted)  after  it  shall  have  been  presented  to  him,  it  shall  be  a 
law  in  like  manner  as  if  he  had  signed  it,  unless  the  general  assembly  by 
their  adjournment  prevent  its  return ;  in  which  case  it  shall  be  a  law, 
unless  sent  back  within  three  days  after  their  next  meeting. 

26.  Every  order,  resolution,  or  vote,  to  which  the  concurrence  of  both 
houses  may  be  necessary,  except  on  a  question  of  adjournment,  shall  be 
presented  to  the  governor,  and  before  it  shall  take  effect,  be  approved  by 


KENTUCKY.  233 

mm  ;  or,  being  disapproved,  shall  be  repassed,  by  a  majority  of  all  the 
members  elected  to  both  houses,  according  to  the  rules  and  limitations 
prescribed  in  case  of  a  bill. 

27.  Contested  elections  for  a  governor  and  lieutenant-governor  shall 
be  determined  by  a  committee  to  be  selected  from  both  houses  of  the 
general  assembly,  and  formed  and  regulated  in  such  manner  as  shall  be 
directed  by  law. 

28.  The  freemen  of  this  commonwealth  (negroes,  mulattoes,  and  In- 
dians excepted)  shall  be  armed  and  disciplined  for  its  defence.  Those 
who  conscientiously  scruple  to  bear  arms  shall  not  be  compelled  to  do  so, 
but  shall  pay  an  equivalent  for  personal  service. 

29.  The  commanding  officers?  of  the  respective  regiments,  shall  ap- 
point the  regimental  staff ;  brigadier-generals  their  brigade-majors  ;  ma- 
jor-generals, their  aids ;  and  captains,  the  non-commissioned  officers  of 
companies. 

30.  A  majority  of  the  field-officers  and  captains  in  each  regiment  shall 
nominate  the  commissioned  officers  in  each  company,  who  shall  be 
commissioned  by  the  governor  :,  Provided,  that  no  nomination  shall  be 
made,  unless  two  at  least  of  the  field-officers  are  present ;  and  when 
two  or  more  persons  have  an  equal  and  the  highest  number  of  votes, 
the  field-officer  present,  who  may  be  highest  in  commission,  shall  decide 
the  nomination. 

■  31.  Sheriffs  shall  hereafter  be  appointed  in  the  following  manner: 
when  time  of  a  sheriff  for  any  county  may  be  about  to  expire,  the 
county  court  for  the  same,  a  majority  of  all  its  justices  being  present, 
shall,  in  the  months  of  September,  October,  or  November,  next  pre- 
ceding thereto,  recommend  to  the  governor  two  proper  persons  to  fill  the 
office,  who  are  then  justices  of  the  county  court;  and  who  shall  in  such 
recommendation  pay  a  just  regard  to  seniority  in  office  and  a  regular  ro- 
tation. One  of  the  persons  so  recommended  shall  be  commissioned  by 
the  governor,  and  shall  hold  his  office  for  two  years,  if  he  so  long  be- 
have well,  and  until  a  successor  be  duly  qualified.  If  the  county  courts 
shall  omit,  in  the  months  aforesaid,  to  make  such  recommendation,  tho 
governor  shall  then  nominate,  and  by  and  with  the  advice  and  consent 
of  the  senate,  appoint  a  fit  person  to  fill  such  office. 

ARTICLE  4. 

Concerning  the  Judicial  Department. 

§  1.  The  judiciary  power  of  this  commonwealth,  both  as  to  matters 
of  law  and  equity,  shall  be  vested  in  one  supreme  court,  which  shall  be 
styled  the  court  of  appeals,  and  in  such  inferior  courts  as  the  general 
assembly  may  from  time  to  time  erect  and  establish. 

2.  The  court  of  appeals,  except  in  cases  otherwise  directed  by  this 
constitution,  shall  have  appellate  jurisdiction  only ;  which  shall  be  co- 
extensive with  the  state,  under  such  restrictions  and  regulations,  not  re- 
pugnant to  this  constitution,  as  may  from  time  to  time  be  prescribed  by  • 
law. 

3.  The  judges,  both  of  the  supreme  and  inferior  courts,  shall  hold 
their  offices  during  good  behaviour  ;  but  for  any  reasonable  cause  which 
shall  not  be  sufficient  ground  of  impeachment,  the  governor  shall  re- 
move any  of  them  on  the  address  of  two-thirds  of  each  house  of  the 

V  2 


234  CONSTITUTION    OF 

general  assembly  :  Provided,  however,  that  the  cause  or  causes  for 
which  such  removal  may  be  required,  shall  be  stated  at  length  in  such 
address,  and  on  the  journal  of  each  house.  They  shall  at  stated  time? 
receive  for  their  services  an  adequate  compensation  to  be  fixed  by  law. 

4.  The  judges  shall,  by  virtue  of  their  office,  be  conservators  of  the 
peace  throughout  the  state.  The  style  of  all  process  shall  be,  "  the 
commonwealth  of  Kentucky."  All  prosecutions  shall  be  carried  on  in 
the  name  and  by  the  authority  of  the  commonwealth  of  Kentucky,  and 
conclude,  against  the  peace  and  dignity  of  the  same. 

5.  There  shall  be  established  in  each  county,  now,  or  which  may  here- 
after be  erected,  \vithin  this  commonwealth,  a  county  court. 

6.  A  competent  number  of  justices  of  the  peac«  shall  be  appointed  in 
each  county  ;  they  shall  be  commissioned  during  good  behaviour,  but 
may  be  removed  on  conviction  of  misbehaviour  in  office,  or  of  any  in- 
famous crime,  or  on  the  address  of  two-thirds  of  each  house  of  the 
general  assembly  :  Provided,  however,  that  the  cause  or  causes  for 
which  such  removal  may  be  required,  shall  be  stated  at  length  in  such 
address,  on  the  journal  of  each  house. 

7.  The  number  of  the  justices  of  the  peace  to  which  the  several  coun- 
ties in  this  commonwealth  now  established,  or  which  may  hereafter 
be  established,  ought  to  be  entitled,  shall,  from  time  to  time,  be  regu- 
lated by  law. 

8.  When  a  surveyor,  coroner,  or  justice  of  the  peace  shall  be  needed 
in  any  county,  the  county  court  for  the  same,  a  majority  of  all  its  jus- 
tices concurring  therein,  shall  recommend  to  the  governor  two  proper 
persons  to  fill  the  office,  one  of  whom  he  shall  appoint  thereto :  Pro- 
vided, however,  that  if  the  county  court  shall  for  twelve  months  omit 
to  make  such  recommendation,  after  being  requested  by  the  governor 
to  recommend  proper  persons,  he  shall  then  nominate,  and,  by  and 
with  the  advice  and  consent  of  the  senate,  appoint  a  fit  person  to  fill  such 
office. 

9.  When  a  new  county  shall  be  erected,  a  competent  number  of  jus- 
tices of  the  peace,  a  sheriff,  and  coroner  therefor,  shall  be  recommended 
to  the  governor  by  a  majority  of  all  the  members  of  the  house  of  repre- 
sentatives, from  the  senatorial  district  or  districts  in  which  the  county  is 
situated ;  and  if  either  of  the  persons  thus  recommended  shall  be  re- 
jected by  the  governor  or  the  senate,  another  person  shall  immediately 
be  recommended  as  aforesaid. 

10.  Each  court  shall  appoint  its  own  clerk,  who  shall  hold  his  office 
during  good  behaviour  ;  but  no  person  shall  be  appointed  clerk,  only  pro 
tempore,  who  shall  not  produce  to  the  court  appointing  him,  a  certificate 
from  a  majority  of  the  judges  of  the  court  of  appeals  that  he  had  been 
examined  by  their  clerk  in  their  presence,  and  under  theh  direction,  and 
that  they  judge  him  to  be  well  qualified  to  execute  the  office  of  clerk  of 
any  court  of  the  same  dignity  with  that  for  which  he  offers  himself 
They  shall  be  removable  for  breach  of  good  behaviour,  by  the  court  of 
appeal  only,  who  shall  be  judges  of  the  fact  as  well  as  of  the  law.  Two- 
thirds  of  the  members  present  must  concur  in  the  sentence. 

11.  All  commissions  shall  be  in  the  name,  and  by  the  authority  of  the 
state  of  Kentucky,  and  sealed  with  the  state  seal,  and  signed  by  the  go- 
vernor. 

12.  The   state  treasurer,  and  printer  or  printers,  for  the  common 


KENTUCKY.  235 

wealth,  shall  be  appointed  annually  by  the  joint  vote  of  both  houses  of 
the  general  assembly  :  Provided,  that,  during  the  recess  of  the  same, 
the  governor  shall  have  power  to  fill  vacancies  which  may  happen  in 
either  of  the  said  offices. 

auticle  5. 
Concerning  Impeachments. 

%  1.  The  house  of  representatives  shall  have  the  sole  power  of  im- 
peaching. 

2.  All  impeachments  shall  be  tried  by  the  senate ;  when  sitting  for 
that  purpose,  the  senators  shall  be  upon  oath  or  affirmation  :  no  per- 
son shall  be  convicted  without  the  concurrence  of  two-thirds  of  the  mem- 
bers pretjent. 

3.  The  governor  and  all  civil  officers  shall  be  liable  to  impeachment 
for  any  misdemeanour  in  office  ;  but  judgment,  in  such  cases,  shall  not 
extend  further  than  to  removal  from  office,  and  disqualification  to  hold 
any  office  of  honour,  trust,  or  profit,  under  this  commonwealth ;  but  the 
party  convicted  shall  nevertheless  be  liable  and  subject  to  indictment, 
trial,  and  punishment,  according  to  law. 

AHTICLE    6. 

General  Provisions, 

§  1.  Members  of  the  general  assembly  and  all  officers,  executive  and 
judicial,  before  they  enter  upon  the  execution  of  their  respective  offices, 
shall  take  the  following  oath  or  affirmation  :  "  I  do  solemnly  swear,  (or 
affirm,  as  the  case  may  be,)  that  I  will  be  faithful  and  true  to  the  com- 
monwealth of  Kentucky,  so  long  as  I  continue  a  citizen  thereof,  and  that 

I  will  faithfully  execute,  to  the  best  of  my  abilities,  the  office  of , 

according  to  law." 

2.  Treason  against  the  commonwealth  shall  consist  only  in  levying 
war  against  it,  or  in  adhering  to  its  enemies,  gi^dng  them  aid  and  com- 
fort. No  person  shall  be  convicted  of  treason,  unless  on  the  testimony 
of  two  witnesses  to  the  same  overt  act,  or  his  own  confession  in  open 
court. 

3.  Every  person  shall  be  disqualified  from  serving  as  a  governor, 
lieutenant-governor,  senator,  or  representative,  for  the  term  for  which  he 
shall  have  been  elected,  who  shall  be  convicted  of  having  given  or  offered 
any  bribe  or  treat  to  procure  his  election. 

4.  Laws  shall  be  made  to  exclude  from  office,  and  from  suffiage,  those 
who  shall  thereafter  be  convicted  of  briber}^  perjury,  forgery,  or  other 
high  crimes  or  misdemeanours.  The  privilege  of  free  suffi-age  shall  be 
supported  by  laws  regulating  elections,  and  prohibiting,  under  adequate 
penalties,  all  undue  influence  thereon,  from  power,  bribery,  tumult,  ox 
other  improper  practices. 

5.  No  money  shall  be  drawn  from  the  treasury,  but  in  pursuance  of 
appropriations  made  by  law,  nor  shall  any  appropriations  of  money,  for 
the  support  of  an  army,  be  made  for  a  longer  time  than  one  year  ;  and 
a  regular  statement  and  account  of  the  receipts  and  expenditures  of  all 
public  money  shall  be  nublished  annually. 


236  CONSTITUTION    OF 

6.  The  general  assembly  shall  direct  by  law  in  what  manner,  and  in 
what  courts,  suits  may  be  brought  against  the  commonwealth. 

7.  The  manner  of  administering  an  oath  or  affirmation  shall  be 
such  as  is  most  consistent  with  the  conscience  of  the  deponent,  and 
shall  be  esteemed  by  the  general  assembly  the  most  solemn  appeal  to 
God. 

8.  All  laws  which,  on  the  first  day  of  June,  one  thousand  seven  hundred 
and  ninety-two,  were  in  force  in  the  state  of  Virginia,  and  which  are  of 
a  general  nature,  and  not  local  to  that  state,  and  not  repugnant  to  this 
constitution,  nor  to  the  laws  which  have  been  enacted  by  the  legislature 
of  this  commonwealth,  shall  be  in  force  within  this  state,  until  they 
shall  be  altered  or  repealed  by  the  general  dssembly. 

9.  The  compact  with  the  state  of  Virginia,  subject  to  such  alterations 
as  may  be  made  therein,  agreeably  to  the  mode  prescribed  by  the  said 
compact,  shall  be  considered  as  part  of  this  constitution. 

10.  It  shall  be  the  duty  of  the  general  assembly  to  pass  such  laws 
as  may  be  necessary  and  proper  to  decide  difterences  by  arbitrators,  to 
be  appointed  by  the  parties  who  may  choose  that  summary  mode  of 
adjustment. 

1 1.  All  civil  officers  for  the  commonwealth  at  large  shall  reside  within 
the  state,  and  all  district,  county,  or  town  officers,  within  their  respec- 
tive districts,  counties,  or  towns,  (trustees  of  towns  excepted,)  and  shall 
keep  their  respective  offices  at  such  places  therein  as  may  be  required 
by  law ;  and  all  militia  officers  shall  reside  in  the  bounds  of  the  divi- 
sion, brigade,  regiment,  battalion,  or  company,  to  which  they  may  seve- 
rally belong. 

12.  The  attorney-general,  and  other  attorneys  for  this  commonwealth, 
who  receive  a  fixed  annual  salary  from  the  public  treasury,  judges,  and 
clerks  of  courts,  justices  of  the  peace,  surveyors  of  lands,  and  all  com- 
missioned militia  officers,  shall  hold  their  respective  offices  during  good 
behaviour,  and  the  continuance  of  their  respective  courts,  under  the 
exceptions  contained  in  this  constitution. 

13.  Absence  on  the  business  of  this  state,  or  the  United  States,  shall 
not  forfeit  a  residence  once  obtained,  so  as  to  deprive  any  one  of  the 
right  of  suffi-age,  or  of  being  elected  or  appointed  to  any  office  under 
this  commonwealth,  under  the  exceptions  contained  in  this  constitu- 
tion. 

14.  It  shall  be  the  duty  of  the  general  assembly  to  regulate  by  law, 
in  what  cases  and  what  deduction  from  the  salaries  of  public  officers 
shall  be  made  for  neglect  of  duty  in  their  official  capacity. 

15.  Returns  of  all  elections  for  governor,  lieutenant-governor,  and 
members  of  the  general  assembly,  shall  be  made  to  the  secretary,  for  the 
time  being. 

16.  In  all  elections  by  the  people,  and  also  by  the  senate  and  house 
of  representatives,  jointly  or  separately,  the  votes  shall  be  personally 
and  publicly  given,  viva  voce. 

17.  No  member  of  congress,  nor  person  holding  or  exercising  any 
office  of  trust,  or  profit,  under  the  United  States,  or  either  of  them,  or 
under  any  foreign  power,  shall  be  eligible  as  a  member  of  the  general 
assembly  of  this  commonwealth,  or  hold  or  exercise  any  office  of  trust, 
or  profit,  under  the  same. 

18.  The  general  assembly  shall  direct  by  law  how  persons  who  now 


KENTUCKY.  237 

nre,  or  may  hereafter  become,  securities  for  public  officers,  may  be  le- 
lieved  or  discharged  on  account  of  such  security  ship. 

ARTICLE    7. 

Concerning  Slaves. 

§  1.  The  general  assembly  shall  have  no  power  to  pass  laws  for  the 
emancipation  of  slaves  without  the  consent  of  their  owners,  or  without 
paying  their  owners,  previous  to  such  emancipation,  a  full  equivalent  in 
money  for  the  slaves  so  emancipated.  They  shall  have  no  power  to 
prevent  emigrants  to  this  state  from  bringing  with  them  such  persons  as 
are  deemed  slaves  by  the  laws  of  any  of  the  United  States,  so  long  as 
any  person  of  the  same  age  or  description  shall  be  continued  in  slavery 
by  the  laws  of  this  state.  They  shall  pass  laws  to  permit  the  owners 
of  slaves  to  emancipate  them,  saving  the  rights  of  creditors,  and  pre- 
venting them  from  becoming  a  charge  to  any  county  in  this  common- 
wealth. They  shall  have  full  power  to  prevent  slaves  being  brought 
into  this  state  as  merchandise.  They  shall  have  full  power  to  prevent 
any  slaves  being  brought  into  this  state,  who  have  been,  since  the  first 
day  of  January,  one  thousand  seven  hundred  and  eighty-nine,  or  may 
herejifter  be,  imported  into  any  of  the  United  States,  from  a  foreign 
country.  And  they  shall  have  full  power  to  pass  such  laws  as  may  be 
necessary  to  oblige  the  owners  of  slaves  to  treat  them  with  humanity,  to 
provide  for  them  necessary  clothing  and  provision,  to  abstain  from  all 
injuries  to  them  extending  to  life,  or  limb,  and  in  case  of  their  neglect 
or  refusal  to  comply  with  the  directions  of  such  laws,  to  have  such  slave 
or  slaves  sold  for  the  benefit  of  their  owner  or  owners. 

2.  In  the  prosecution  of  slaves  for  felony,  no  inquest  by  a  grand  jury 
shall  be  necessary,  but  the  proceedings  in  such  prosecutions  shall  be 
regulated  by  law :  except  that  the  general  assembly  shall  have  no 
power  to  deprive  them  of  the  privilege  of  an  impartial  trial  by  a  petit 
jury. 

AIITICLE  8. 

§  1.  The  seat  of  government  shall  continue  in  the  town  of  Frankfort, 
until  it  shall  be  removed  by  law  :  Provided,  however,  that  two-thirds  of 
all  the  members  elected  to  each  house  of  the  general  assembly  shall 
concur  in  the  passage  of  such  law. 

ARTICLE    9. 

Mode  of  Revising'  the  Constitution. 
§  1.  When  experience  shall  point  out  the  necessity  of  amending  this 
constitution,  and  when  a  majority  of  all  the  members  elected  to  each 
house  of  the  general  assembly  shall,  within  the  first  twenty  days  of  their 
stated  annual  session,  concur  in  passing  a  law,  specifying  the  alterations 
intended  to  be  made,  for  taking  the  sense  of  the  good  people  of  this 
state,  as  to  the  necessity  and  expediency  of  calling  a  convention,  it  shall 
be  the  duty  of  the  several  sheriffs,  and  other  returning  officers,  at  the 
next  general  election  which  shall  be  held  for  representatives  after  the 
passage  of  such  law,  to  open  a  poll  for,  and  make  return  to  the  secretary, 
for  the  time  being,  of  the  names  of  all  those  entitled  to  vote  for  repre- 
sentatives, who  have  voted  for  calling  a  convention  ;  and  if  thereupon 


238  CONSTITUTION    OF 

it  shall  appear  that  a  majority  of  all  the  citizens  of  this  state  entitled  to 
vote  for  representatives  have  voted  for  a  convention,  the  general  assem- 
bly shall  direct  that  a  similar  poll  shall  be  opened  and  taken  for  the  next 
year ;  and  if  thereupon  it  shall  appear  that  a  majority  of  all  the  citizens 
of  this  state  entitled  to  vote  for  representatives  have  voted  for  a  conven- 
tion, the  general  assembly  shall,  at  their  next  session,  call  a  convention, 
to  consist  of  as  many  members  as  there  shall  be  in  the  house  of  repre- 
sentatives, and  no  more  ;  to  be  chosen  in  the  same  manner  and  propor 
tion,  at  the  same  places,  and  at  the  same  time,  that  representatives  are, 
by  citizens  entitled  to  vote  for  representatives  ;  and  to  meet  within  three 
months  after  the  said  election,  for  the  purpose  of  re-adopting,  amending, 
or  changing  this  constitution.  But  if  it  shall  appear,  by  the  vote  of 
either  year,  as  aforesaid,  that  a  majority  of  all  the  citizens  entitled  to 
vote  for  representatives  did  not  vote  for  a  convention,  a  convention  shall 
not  be  called. 

ARTICJCE  10. 

That  the  general,  great,  and  essential  principles  of  liberty  and  tree^ 
government  may  be  recognised  and  established,  we  decbire  : 

§  1.  That  all  free  men,  when  they  form  a  social  compact,  are  equal ; 
and  that  no  man  or  set  of  men  are  entitled  to  exclusive,  separate,  public 
emoluments  or  privileges,  from  the  community,  but  in  consideration  of 
public  services. 

2.  That  all  power  is  inherent  in  the  people,  and  all  free  governments 
are  founded  on  their  authority,  and  instituted  for  their  peace,  safety,  and 
happiness :  For  the  advancement  of  these  ends,  they  have  at  all  times 
an  unalienable  and  indefeasible  right  to  alter,  reform,  or  abolish  their 
government,  in  such  manner  as  they  may  think  proper. 

3.  That  all  men  have  a  natural  and  indefeasible  right  to  worship  Al- 
mighty God,  according  to  the  dictates  of  their  own  consciences  ;  that  no 
man  shall  be  compelled  to  attend,  erect,  or  support  anj'  place  of  worship, 
or  to  maintain  any  ministry  against  his  consent ;  that  no  human  authority 
ought,  in  any  case  whatever,  to  control  or  interfere  with  the  rights  of 
conscience  ;  and  that  no  preference  shall  ever  be  given  by  law  to  any 
religious  societies  or  modes  of  worship. 

4.  That  the  civil  rights,  privileges,  or  capacities  of  any  citizen  shall 
in  no  wise  be  diminished  or  enlarged  on  account  of  his  religion. 

5.  That  all  elections  shall  be  free  and  equal. 

6.  That  the  ancient  mode  of  trial  by  jury  shall  be  held  sacred,  and' 
the  right  thereof  remain  inviolate. 

7.  That  printing  presses  shall  be  free  to  every  person  who  undertakes^ 
to  examine  the  proceedings  of  the  legislature  or  any  branch  of  govern- 
ment ;  and  no  law  shall  ever  be  made  to  restrain  the  right  thereof.  Thei^ 
free  communication  of  thoughts  and  opinions  is  one  of  the  invaluable*' 
rights  of  man,  and  every  citizen  may  freely  speak,  write,  and  print,  on 
any  subject,  being  responsible  for  the  abuse  of  that  liberty. 

8.  In  prosecutions  for  the  publication  of  papers  investigating  the 
official  conduct  of  officers,  or  men  in  a  public  capacity,  or  where  the 
matter  published  is  proper  for  public  information,  the  truth  thereof  may 
be  given  in  evidence.  And  in  all  indictments  for  libels,  the  jury  shaUi 
have  a  right  to  determine  the  law  and  the  facts,  under  the  direction  of '^ 
the  court,  as  in  other  cases. 


KENTUCKY.  230 

9.  That  the  people  shall  be  secure  in  their  persons,  houses,  papers, 
and  possessions,  from  unreasonable  seizures  and  searches ;  and  that  no 
warrant  to  search  any  place  or  to  seize  any  person  or  thing,  shall  issue 
without  describing  them  as  nearly  as  may  be,  nor  without  probable  cause, 
supported  by  oath  or  affirmation. 

10.  That  in  all  criminal  prosecutions,  the  accused  hath  a  right  to 
be  heard  by  himself  and  counsel  :  to  demand  the  nature  and  cause  of 
the  accusation  against  him  :  to  meet  the  witnesses  face  to  face  :  to  have 
compulsory  process  for  obtaining  witnesses  in  his  favour  ;  and,  in  prose- 
cutions by  indictment  or  information,  a  speedy  public  trial,  by  an  im- 
partial jury  of  the  vicinage ;  that  he  cannot  be  compelled  to  give  evi- 
dence against  himself,  nor  can  he  be  deprived  of  his  life,  liberty,  or 
property,  unless  by  the  judgment  of  his  peers,  or  the  law  of  the  land. 

11.  That  no  person  shall,  for  any  indictable  ofience,  be  proceeded 
against  criminally  by  information,  except  in  cases  arising  in  the  land  oi 
naval  forces,  or  the  militia,  when  in  actual  service,  in  time  of  war  oi 
public  danger,  by  leave  of  the  court,  for  oppression  or  misdemeanour  in 
office. 

1 2.  No  person  shall,  for  the  same  ofience,  be  twice  put  in  jeopardy  of 
his  life  or  limb,  nor  shall  any  man's  property  be  taken  or  applied  to  pub- 
lic use  without  the  consent  of  his  representatives,  and  without  just  com- 
pensation being  previously  made  to  him. 

13.  That  all  courts  shall  be  open,  and  every  person  for  any  injury 
done  him  in  his  lands,  goods,  person,  or  reputation,  shall  have  remedy 
by  the  due  course  of  law  ;  and  right  and  justice  administered  without 
sale,  denial,  oi  delay. 

14.  That  no  power  of  suspending  laws  shall  be  exercised,  unless  by 
the  legislature  or  its  authority. 

15.  That  excessive  bail  shall  not  be  required,  nor  excessive  fines  im- 
posed, nor  cruel  punishments  inflicted. 

16.  That  all  prisoners  shall  be  bailable  by  sufficient  securities,  unless 
for  capital  offences,  when  the  proof  is  evident,  or  presumption  great ;  and 
the  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended,  unless 
when  in  cases  of  rebellion  or  invasion  the  public  safety  may  require  it. 

17.  That  the  person  of  a  debtor,  where  there  is  not  strong  presump- 
tion of  fraud,  shall  not  be  continued  in  prison  after  delivering  up  his 
estate  for  the  benefit  of  his  creditors,  in  such  manner  as  shall  be  pre- 
scribed by  law. 

18.  That  no  ex  post  facto  law,  nor  any  law  impairing  contracts,  shall 
be  made. 

19.  That  no  person  shall  be  attainted  of  treason  or  felony  by  the  legis- 
lature. 

20.  That  no  attainder  shall  work  corruption  of  blood,  nor,  except 
during  the  life  of  the  offender,  forfeiture  of  estate  to  the  commonwealth. 

21.  That  the  estates  of  such  persons  as  shall  destroy  their  own  lives, 
shall  descend  or  vest  as  in  case  of  natural  death  ;  and  if  any  person  shall 
be  killed  by  casualty,  there  shall  be  no  forfeiture  by  reason  thereof. 

22.  That  the  citizens  have  a  right  in  a  peaceable  manner  to  assemble 
together  for  their  common  good,  and  to  apply  to  those  invested  with  the 
powers  of  government  for  redress  of  grievances  or  other  proper  purposes, 
by  petition,  address,  or  remonstrance. 


240  CONSTITUTION   OF 

23.  That  the  rights  of  the  citizens  to  bear  arms  in  defence  of  them- 
selves and  the  state  shall  not  be  questioned. 

24.  That  no  standing  army  shall,  in  time  of  peace,  be  kept  up,  with- 
out the  consent  of  the  legislature  ;  and  the  military  shall,  in  all  cases  and 
at  all  times,  be  in  strict  subordination  to  the  civil  power. 

25.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner,  nor  in  time  of  war,  but  in  a  manner 
to  be  prescribed  by  law. 

26.  That  the  legislature  shall  not  grant  any  title  of  nobility  or  here- 
ditary distinction,  nor  create  any  office,  the  appointment  to  which  shall 
be  for  a  longer  term  than  dming  good  behaviour. 

27.  That  emigration  from  this  state  shall  not  be  prohibited. 

28.  To  guard  against  transgressions  of  the  high  powers  which  we 
have  delegated,  we  declare,  that  every  thing  in  this  article  is  excepted 
out  of  the  general  powers  of  government,  and  shall  for  ever  remain  in- 
violate ;  and  that  all  laws  contrary  thereto,  or  contrary  to  this  constitu- 
tion, shall  be  void. 

SCHEDULE. 

That  no  inconvenience  may  arise  from  the  alterations  and  amend- 
ments made  in  the  constitution  of  this  commonwealth,  and  in  order  to 
carry  the  same  into  complete  operation,  it  is  hereby  declared  and  or- 
dained : 

§  1.  That  all  laws  of  this  commonwealth,  in  force  at  the  time  of 
making  the  said  alterations  and  amendments,  and  not  inconsistent  there- 
with, and  all  rights,  actions,  prosecutions,  claims,  and  contracts,  as  well 
of  individuals  as  of  bodies  corporate,  shall  continue  as  if  the  said  altera- 
tions and  amendments  had  not  been  made. 

2.  That  all  officers  now  filling  any  office  or  appointment,  shall  con- 
tinue in  the  exercise  of  the  duties  of  their  respective  offices  or  appoint- 
ments for  the  terms  therein  expressed,  unless  by  this  constitution  it  is 
otherwise  directed. 

3.  The  oaths  of  office  herein  directed  to  be  taken,  may  be  adminis- 
tered by  any  justice  of  the  peace,  until  the  legislature  shall  otherwise  di- 
rect. 

4.  The  general  assembly,  to  be  held  in  November  next,  shall  appor- 
tion the  representatives  and  senators,  and  lay  off  the  state  into  senato- 
rial districts  conformable  to  the  regulations  prescribed  by  this  constitu- 
tion. In  fixing  those  apportionments,  and  in  estabhshing  those  districts, 
they  shall  take  for  their  guide  the  enumeration  directed  by  law  to  be 
made  in  the  present  year,  by  the  commissioners  of  the  tax,  and  the  ap- 
portionments thus  made  shall  remain  unaltered  until  the  end  of  the 
stated  annual  session  of  the  general  assembly  in  the  year  eighteen  hun 
dred  and  three. 

5.  In  order  that  no  inconvenience  may  arise  from  the  change  made 
by  this  constitution  in  the  time  of  holding  the  general  election,  it  is 
hereby  ordained  that  the  first  election  for  governor,  lieutenant-governor, 
and  members  of  the  general  assembly,  shall  commence  on  the  first  Mon- 
day in  May,  in  the  year  eighteen  hundred.  The  persons  then  elected 
shall  continue  in  office  during  the  several  terms  of  service  prescribed  by 
this  constitution,  and  until  the  next  general  election  which  shall  be  held 


KENTUCKY. 


241 


after  their  said  teniis  shall  have  respectively  expired.  The  returns  for 
the  said  first  election  of  governor  and  lieutenant-governor  shall  be  made 
to  the  secretary,  within  fifteen  days  from  the  day  of  election,  who  shall, 
as  soon  as  may  be,  examine  and  count  the  same,  in  the  presence  of  at 
least  two  judges  of  the  court  of  appeals,  or  district  courts,  and  shall  de- 
clare who  are  the  persons  thereby  duly  elected,  and  give  them  official 
notice  of  their  election  ;  and  if  any  person  shall  be  equal  and  highest  on 
the  poll,  the  said  judges  and  secretary  shall  determine  the  election  by  lot. 
6.  This  constitution,  except  so  much  thereof  as  is  therein  otherwise 
directed,  shall  not  be  in  force  until  the  first  day  of  June,  in  the  year 
eighteen  hundred ;  on  which  day  the  whole  thereof  shall  take  full  and 
complete  effect. 

Done  in  convention,  at  Frankfort,  the  seventeenth  day  of  August,  one 
thousand  seven  hundred  and  ninety-nine,  and  of  the  indepen- 
dence of  the  United  States  of  America  the  twenty-fourth. 

ALEXANDER  S.  BULLIT.  P.  C. 


John  Allen, 
Charles  Smith, 
Robert  Wilmot, 
James  Duncan, 
William  Griffith, 
Nathaniel  Rogers, 
William  Sudduth, 
John  Ewing, 
John  Breckenridge 
John  M'Dowell, 
John  Bell, 
H.  Harrison, 
B.  Thurston, 
Walter  Carr, 
Harr)^  Innis, 
John  Logan, 
George  Stockton, 
William  M.  Bledsoe, 
William  Casey, 
Henry  Coleman, 
William  EUiot  Boswell, 
Richard  Taylor, 
John  Price, 
William  Logan, 
N.  Huston, 
John  Bailey, 
Reuben  Ewing, 


Jr. 


Philemon  Thomas, 
Philip  Buckner, 
Thomas  Sandford, 
Robert  Clark, 
R.  Hickman, 
Thomas  Marshal. 
Joshua  Baker, 
Peter  Brunner, 
John  Adair, 
Thomas  Allen, 
Samuel  Taylor, 
Green  Clay, 
Thomas  Clay, 
William  Irvine, 
Jilson  Payne, 
John  Rowan, 
Richard  Prather, 
Nicholas  Minor, 
Benjamin  Logan, 
Abraham  Owen, 
William  Henry, 
Robert  Johnson, 
Caleb  Wallace, 
William  Steel, 
Felix  Grundy, 
Robert  Abell, 
Alexander  Davidson 


X 


242  CONSTITUTION  OF 

CONSTITUTION  OF  TENNESSEE. 


Whereas  the  people  of  the  territory  of  the  United  States,  south  of 
the  river  Ohio,  having  the  right  of  admission  into  the  general  government 
as  a  member  state  thereof,  consistent  with  the  constitution  of  the  United 
States,  and  the  act  of  cession  of  the  state  of  North  Carolina,  recognising 
the  ordinance  for  the  government  of  the  territory  of  the  United  States, 
north-west  of  the  river  Ohio,  by  their  delegates  and  representatives  in 
convention  assembled,  did,  on  the  sixth  day  of  February,  in  the  year  of 
our  Lord  one  thousand  seven  hundred  and  ninety-six,  ordain  and  es- 
tablish a  constitution  or  form  of  government ;  and  mutually  agreed  with 
each  other  to  form  themselves  into  a  free  and  independent  state,  by  the 
name  of  "  The  State  of  Tennessee ;"  and  whereas  the  general  assembly 
of  said  state  of  Tennessee,  (pursuant  to  the  third  section  of  the  tenth 
article  of  the  constitution,)  by  an  act  passed  on  the  twenty-seventh  day 
of  November,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-three,  entitled  "An  act  to  provide  for  the  calling  of  a  convention," 
did  authorize  and  provide  for  the  election,  by  the  people,  of  delegates 
and  representatives,  to  meet  at  Nashville,  in  Davidson  county,  on  the 
third  Monday  in  May,  in  the  year  of  our  Lord  one  thousand  eight  him- 
dred  and  thirty-four,  "  for  the  purpose  of  revising,  and  amending  (or 
changing)  the  constitution ;"  we,  therefore,  the  delegates  and  represen- 
tatives of  the  people  of  the  state  of  Tennessee,  elected  and  in  conven- 
tion assembled,  in  pursuance  of  the  said  act  of  assembly,  have  ordained 
and  established  the  following  amended  constitution  and  form  of  govern- 
ment for  this  stale,  which  we  recommend  to  the  people  of  Tennessee 
for  their  ratification  ;  that  is  to  say  : 

ARTICLE   1. 

Declaration  of  Mights. 

§  1.  That  all  power  is  inherent  in  the  people,  and  all  free  governments 
are  founded  on  their  authority,  and  instituted  for  their  peace,  safety,  and 
happiness ;  for  the  advancement  of  those  ends,  they  have,  at  all  times, 
an  unalienable  and  indefeasible  right  to  alter,  reform  or  abolish  the 
government  in  such  manner  as  they  may  think  proper. 

2.  That  government  being  instituted  for  the  common  benefit,  the  doc- 
trine of  nonresistance  against  arbitrary  power  and  oppression,  is  absurd, 
slavish  and  destructive  to  the  good  and  happiness  of  mankind. 

3.  That  all  men  have  a  natural  and  indefeasible  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  conscience  ;  that 
no  man  can,  of  right,  be  compelled  to  attend,  erect,  or  support  any  place 
of  worship,  or  to  maintain  any  minister  against  his  consent ;  that  no 
human  authority  can,  in  any  case  whatever,  control  or  interfere  with  the 
rights  of  conscience  ;  and  that  no  preference  shall  ever  be  given,  by  law, 
to  any  religious  establishment  or  mode  of  worship. 

4.  That  no  religious  test  shall  ever  be  required  as  a  qualification  to 
any  office  or  public  trust  under  this  state. 


r 


TENNESSEE.  248 


5.  That  elections  shall  be  free  and  equal. 

6.  That  the  right  of  trial  by  jury  shall  remain  inviolate. 

7.  That  the  people  shall  be  secure  in  their  persons,  houses,  papers,  and 
possessions,  from  unreasonable  searches  and  seizures ;  and  that  general 
warrants,  whereby  an  officer  may  be  commanded  to  search  suspected 
places,  without  evidence  of  the  fact  committed,  or  to  seize  any  person  or 
persons  not  named,  whose  oflences  are  not  particularly  described  and 
supported  by  evidence,  are  dangerous  to  liberty,  and  ought  not  to  be 
granted. 

8.  That  no  free  man  shall  be  taken  or  imprisoned,  or  disseized  of  his 
freehold,  liberties,  or  privileges,  or  outlawed,  or  exiled,  or  in  any  manner 
destroyed  or  deprived  of  his  Ufe,  liberty,  or  property,  but  by  the  judgment 
of  his  peers,  or  the  law  of  the  land. 

9.  That  in  all  criminal  prosecutions,  the  accused  hath  a  right  to  be 
heard  by  himself  and  his  counsel ;  to  demand  the  nature  and  cause  of 
the  accusation  against  him,  and  to  have  a  copy  thereof;  to  meet  the 
witnesses  face  to  face ;  to  have  compulsory  process  for  obtaining  wit- 
nesses in  his  favour ;  and  in  prosecutions  by  indictment  or  presentment, 
a  speedy  public  trial,  by  an  impartial  jury  of  the  county  or  district  in 
which  the  crime  shall  have  been  committed ;  and  shall  not  be  compelled 
to  give  evidence  against  himself, 

1 0.  That  no  person  shall,  for  the  same  oifence,  be  twice  put  in  jeo- 
pardy of  life  or  limb. 

1 1 .  That  laws  made  for  the  punishment  of  facts  committed  previous 
to  the  existence  of  such  laws,  and  by  them  only  declared  criminal,  are 
contrary  to  the  principles  of  a  free  government ;  wherefore  no  ex  post 
facto  law  shall  be  made. 

12.  That  no  conviction  shall  work  corruption  of  blood  or  forfeiture 
of  estate.  The  estate  of  such  persons  as  shall  destroy  their  own  lives 
shall  descend  or  vest  as  in  case  of  natural  death.  If  any  person  be 
killed  by  casualty,  there  shall  be  no  forfeiture  in  consequence  thereof. 

13.  That  no  person  arrested  or  confined  in  jail,  shall  be  treated  with 
unnecessary  rigour. 

14.  That  no  freeman  shall  be  put  to  answer  any  criminal  charge  but 
by  presentment,  indictment,  or  impeachment. 

15.  That  all  prisoners  shall  be  bailable  by  sufficient  sureties,  unless 
for  capital  oflences  when  the  proof  is  evident  or  the  presumption  great. 
And  the  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless  when  in  case  of  rebellion  or  invasion  the  public  safety  may 
require  it. 

16.  That  excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

17.  That  all  courts  shall  be  open  ;  and  every  man,  for  an  injury  done 
him  in  his  lands,  goods,  person,  or  reputation,  shall  have  remedy  by  due 
course  of  law,  and  right  and  justice  administered  without  sale,  denial, 
or  delay.  Suits  may  be  brought  against  the  state  in  such  manner,  arui 
in  such  courts,  as  the  legislature  may  by  law  direct. 

18.  That  the  person  of  a  debtor,  where  there  is  not  strong  presump- 
tion of  fraud,  shall  not  be  continued  in  prison  after  delivering  up  his 
estate  for  the  benefit  of  his  creditor  or  creditors,  in  such  manner  as  shall 
be  prescribed  by  law. 

19.  That  the  printing  presses  shall  be  free  to  every  person  who  un- 


i44  CONSTITUTION    OF 

dertakes  to  examine  the  proceedings  of  the  legislature,  or  of  any  braweh 
or  officer  of  government ;  and  no  law  shall  ever  be  made  to  restrain  the 
light  thereof.  The  free  communication  of  thoughts  and  opinions  is  one 
of  the  invaluable  rights  of  man,  and  every  citizen  may  freely  speak, 
write,  and  print  on  any  subject,  being  responsible  for  the  abuse  of  that 
liberty.  But  in  prosecutions  for  the  publication  of  papers  investigating 
the  official  conduct  of  officers  or  men  in  public  capacity,  the  truth 
thereof  may  be  given  in  evidence ;  and  in  all  indictments  for  libels,  the 
jury  shall  have  a  right  to  determine  the  law  and  the  facts,  under  the 
direction  of  the  court,  as  in  other  criminal  cases. 

20.  That  no  retrospective  law,  or  law  impairing  the  obligation  of  con- 
tracts, shall  be  made. 

21.  That  no  man's  particular  services  shall  be  demanded,  or  property 
taken,  or  applied  to  public  use,  without  the  consent  of  his  representatives, 
or  without  just  compensation  being  made  therefor. 

22.  That  perpetuities  and  monopolies  are  contrary  to  the  genius  of  a 
free  state,  and  shall  not  be  allowed. 

23.  That  the  citizens  have  a  right,  in  a  peaceable  manner,  to  assemble 
together,  for  their  common  good,  to  instruct  their  representatives,  and  to 
apply  to  those  invested  with  the  powers  of  government  for  redress  of 
grievances  or  other  proper  purposes,  by  address  or  remonstrance. 

24.  That  the  sure  and  certain  defence  of  a  free  people  is  a  well  re- 
gulated militia:  and,  as  standing  armies  in  time  of  peace  are  dangerous 
to  freedom,  they  ought  to  be  avoided,  as  far  as  the  circumstances  and 
safety  of  the  community  will  admit;  and  that  in  all  cases  the  military 
shall  be  kept  in  strict  subordination  to  the  civil  authority. 

25.  That  no  citizen  of  this  state,  except  such  as  are  employed  in  the 
army  of  the  United  States,  or  militia  in  actual  service,  shall  be  subjected 
to  corporeal  punishment  under  the  martial  law. 

26.  That  the  free  white  men  of  this  state  have  a  right  to  keep  and 
to  bear  arms  for  their  common  defence. 

27.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner ;  nor  in  time  of  war,  but  in  a  manner 
prescribed  by  law. 

28.  That  no  citizen  of  this  state  shall  be  compelled  to  bear  arms, 
provided  he  will  pay  an  equivalent,  to  be  ascertained  by  law. 

29.  That  an  equal  participation  of  the  free  navigation  of  the  Missis* 
sippi,  is  one  of  the  inherent  rights  of  the  citizens  of  this  state  :  it  cannot, 
therefore,  be  conceded  to  any  prince,  potentate,  power,  person  or  persons 
whatever. 

30.  That  no  hereditary  emoluments,  privileges,  or  honours  shall  ever 
be  granted  or  conferred  in  this  state. 

31.  That  the  limits  and  boundaries  of  this  state  be  ascertained,  it  is 
declared  they  are  as  hereafter  mentioned,  that  is  to  say :  Beginning  on 
the  extreme  height  of  the  Stone  mountain,  at  the  place  where  the  line 
of  Virginia  intersects  it,  in  latitude  thirty-six  degrees  and  thirty  minutes 
north ;  running  thence  along  the  extreme  height  of  the  said  mountain 
to  the  place  where  Watauga  river  breaks  through  it ;  thence  a  direct 
course  to  the  top  of  the  Yellow  mountain,  where  Bright's  road  crosses 
the  same ;  thence  along  the  ridge  of  said  mountain  between  the  waters 
of  Doe  river  and  the  waters  of  Rock  creek,  to  the  place  where  the  road 
crosses  the  Iron  mountain  ;  from  thence  along  ^he  extreme  height  of 


TENNESSEE.  245 

said  mountain,  to  the  place  where  Nolichucky  nver  runs  through  the 
same ;  thence  to  the  top  of  the  Bald  mountain ;  thence  along  the  ex- 
tieme  height  of  said  mountaui,  to  the  Painted  Kock,  on  French  Broad 
river ;  thence  along  the  highest  ridge  of  said  mountain,  to  the  place 
where  it  is  called  the  Great  Iron  or  Smoky  mountain ;  thence  along  the 
extreme  height  of  said  mountain,  to  the  place  where  it  is  called  Unicoi 
or  Unaka  mountain,  between  the  Indian  towns  of  Cowee  and  Old  Chota ; 
thence  along  the  main  ridge  of  the  said  mountain,  to  the  southern  boun- 
dary of  this  state,  as  described  in  the  act  of  cession  of  North  Carolina 
to  the  United  States  of  America :  and  that  all  the  territory,  lands,  and 
waters  lying  west  of  the  said  line,  as  before  mentioned,  and  contained 
within  the  chartered  limits  of  the  state  of  North  CaroUna,  are  within  the 
boundaries  and  limits  of  this  state,  over  which  the  people  have  the 
right  of  exercising  sovereignty  and  the  right  of  soil,  so  far  as  is  con- 
sistent with  the  constitution  of  the  United  States,  recognising  the  arti- 
cles of  confederation,  the  bill  of  rights,  and  constitution  of  North  Caro- 
lina, the  cession  act  of  the  said  state,  and  the  ordinance  of  congress  for 
the  government  of  the  territory  north-west  of  the  Ohio:  provided, 
nothing  herein  contained  shall  extend  to  affect  the  claim  or  claims  of 
individuals,  to  any  part  of  the  soil  which  is  recognised  to  them  by  the 
aforesaid  cession  act :  and  provided  also,  that  the  limits  and  jurisdiction 
of  this  state  shall  extend  to  any  other  land  and  territory  now  acquired, 
or  that  may  hereafter  be  acquired  by  compact  or  agreement  with  other 
states  or  otherwise,  although  such  land  and  territory  are  not  included 
within  the  boundaries  herein  before  designated. 

32.  The  people  residing  south  of  French  Broad  jind  Holston  between 
the  rivers  Tennessee  and  Big  Pigeon,  are  entitled  to  the  right  of  pre- 
emption and  occupancy  in  that  tract. 

ARTICLE    2. 

§  1.  The  powers  of  the  government  shall  be  divided  into  three  dis- 
tmct  departments ;  the  legislative,  executive,  and  judicial. 

2.  No  person  or  persons  belonging  to  one  of  these  departments  shall 
exercise  any  of  the  powers  properly  belonging  to  either  of  the  others, 
except  in  the  cases  herein  directed  or  permitted. 

3.  The  legislative  authority  of  this  state  shall  be  vested  in  a  general 
assembly,  which  shall  consist  of  a  senate  and  house  of  representatives, 
both  dependent  on  the  people. 

4.  An  enumeration  of  the  qualified  voters  and  an  apportionment  of 
the  representatives  in  the  general  assembly,  shall  be  made  in  the  year 
one  thousand  eight  hundred  and  forty-one,  and  within  every  subsequent 
term  of  ten  years. 

5.  The  number  of  representatives  shall,  at  the  several  periods  of 
making  the  enumeration,  be  apportioned  among  the  several  counties  or 
districts  according  to  the  number  of  qualified  voters  in  each  ;  and  shall 
not  exceed  seventy -five,  until  the  population  of  the  state  shall  be  pne 
million  and  a  half;  and  shall  never  thereafter  exceed  ninety-nine  ;  pro' 
Tided,  that  any  county  having  two-thirds  of  the  ratio,  shall  be  entitled 
to  one  member. 

6.  The  number  of  senators  shall,  at  the  several  periods  of  makmg 
the  enumeration,  be  apportioned  among  the  several  counties  or  districts, 
according  to  the  number  of  qualified  electors  in  each,  and  shall  no* 

X  2 


246  CONSTITUTION  OF 

exceed  one-third  the  number  of  representatives.  In  apportioning  the 
senators  among  the  different  counties,  the  ft-action  that  may  be  lost  by 
any  county  or  counties,  in  the  apportionment  of  members  to  the  house 
of  representatives,  shall  be  made  up  to  such  county  or  counties  in  the 
senate  as  near  as  may  be  practicable.  When  a  district  is  composed  of 
two  or  more  counties,  they  shall  be  adjoining ;  and  no  county  shall  bo 
divided  in  forming  a  district. 

7.  The  first  election  for  senators  and  representatives  shall  be  held  on 
the  first  Thursday  in  August,  one  thousand  eight  hundred  and  thirty- 
five  ;  and  for  ever  thereafter,  elections  for  members  of  the  general  assem- 
bly shall  be  held  once  in  two  years,  on  the  first  Thursday  in  August ; 
said  elections  shall  terminate  the  same  day. 

8.  The  first  session  of  the  general  assembly  shall  commence  on  the 
first  Monday  in  October,  one  thousand  eight  hundred  and  thirty-five ; 
and  for  ever  thereafter,  the  general  assembly  shall  meet  on  the  first  Monday 
in  October  next  ensuing  the  election. 

9.  No  person  shall  be  a  representative,  unless  he  shall  be  a  citizen  6f 
the  United  States  of  the  age  of  twenty-one  years,  and  shall  have  been  a 
citizen  of  this  state  for  three  years,  and  a  resident  in  the  county  he 
represents  one  year  immediately  preceding  the  election. 

10.  No  person  shall  be  a  senator  unless  he  shall  be  a  citizen  of  the 
United  States,  of  the  age  of  tliirty  years,  and  shall  have  resided  three 
years  in  this  state,  and  one  year  in  the  county  or  district;,  immediately 
preceding  the  election.  No  senator  or  representative  shall,  during  the 
time  for  which  he  was  elected,  be  eligible  to  any  olfice  or  place  of  trust, 
the  appointment  to  which  is  vested  in  the  executive  or  the  general 
assembly,  except  to  the  office  of  trustee  of  a  literary  institution. 

11.  The  senate  and  house  of  representatives,  when  assembled,  shall 
each  choose  a  speaker  and  its  other  officers,  be  judges  of  the  qualifica- 
tions and  election  of  its  members,  and  sit  upon  its  own  adjournments 
from  day  to  day.  Two-thirds  of  each  house  shall  constitute  a  quorum 
to  do  business ;  but  a  smaller  number  may  adjourn  from  day  to  day, 
and  may  be  authorized  by  law  to  compel  the  attendance  of  absent 
members. 

12.  Each  house  may  determine  the  rules  of  its  proceedings,  punish 
its  members  for  disorderly  behaviour,  and,  with  the  concurrence  of  two- 
thirds,  expel  a  member,  but  not  a  second  time  for  the  same  offence  ;  and 
shall  have  all  other  powers  necessary  for  a  branch  of  the  legislature  of  a 
free  state. 

13.  Senators  and  representatives  shall  in  all  cases,  except  treason, 
felony,  or  breach  of  the  peace,  be  privileged  from  arrest  during  the  ses- 
sion of  the  general  assembly,  and  in  going  to  and  returning  from  the 
same  ;  and,  for  any  speech  or  debate  in  either  house,  they  shall  not  be 
questioned  in  any  other  place. 

14.  Each  house  may  punish  by  imprisonment,  during  its  session,  any 
person  not  a  member,  who  shall  be  guilty  of  disrespect  to  the  house,  by 
any  disorderly  or  contemptuous  behaviour  in  its  presence. 

15.  When  vacancies  happen  in  either  house,  the  governor  for  the  time 
being  shall  issue  writs  of  election  to  fill  such  vacancies. 

1 6.  Neither  house  shall,  during  its  session,  adjourn  without  consent 
c;f  the  other  for  more  than  three  days,  nor  to  any  other  place  than  that 
m  which  the  two  liouses  shall  be  sitting. 


TENNESSEE.  247 

17.  Bills  may  originate  in  either  house,  but  may  be  amended,  altered, 
or  rejected,  by  the  other. 

18.  Every  bill  shall  be  read  once  on  three  different  days,  and  be  passed 
each  time  in  the  house  where  it  originated,  before  transmission  to  the 
other.  No  bill  shall  become  a  law,  until  it  shall  be  read  and  passed  on 
three  different  days  in  each  house,  and  be  signed  by  the  respective 
speakers. 

1 9.  Afler  a  bill  has  been  rejected,  no  bill  containing  the  same  substance 
shall  be  passed  into  a  law  during  the  same  session. 

20.  The  style  of  the  laws  of  this  state  shall  be,  "  Be  it  enacted  by 
the  General  Assembly  of  the  State  of  Tennessee.'^ 

21.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  publish  it, 
except  such  parts  as  the  welfare  of  the  state  may  require  to  be  kept 
secret;  the  ayes  and  noes  shall  be  taken  in  each  house  upon  the  final 
passage  of  every  bill  of  a  general  character,  and  bills  making  appropria- 
tions of  public  moneys ;  and  the  ayes  and  noes  of  the  members  on  any 
question  shall,  at  the  request  of  any  two  of  them,  be  entered  on  the 
journal. 

22.  The  doors  of  each  house  and  of  committees  of  the  whole  shall  be 
kept  open,  unless  when  the  business  shall  be  such  as  ought  to  be  kept 
secret. 

23.  The  sum  of  four  dollars  per  day,  and  four  dollars  for  every 
twenty-five  miles  travelling  to  and  from  the  seat  of  government,  shall  be 
allowed  to  the  members  of  the  first  general  assembly,  as  a  compensation 
for  their  services.  The  compensation  of  the  members  of  the  succeeding 
legislatures  shall  be  ascertained  by  law  ;  but  no  law  increasing  the  com- 
pensation of  the  members  shall  take  effect  until  the  commencement  of 
the  next  regular  session  after  such  law  shall  have  been  enacted. 

24.  No  money  shall  be  drawn  from  the  treasury,  but  in  consequence 
of  appropriations  made  by  law :  and  an  accurate  statement  of  the  re- 
ceipts and  expenditures  of  the  public  money,  shall  be  attached  to  and 
published  with  the  laws  at  the  rise  of  each  stated  session  of  the  general 
assembly. 

25.  No  person,  who  heretofore  hath  been,  or  may  hereafter  be,  a  col- 
lector or  holder  of  public  moneys,  shall  have  a  seat  in  either  house  of  the 
general  assembly,  until  such  person  shall  have  accounted  for  and  paid 
into  the  treasury,  all  sums  for  which  he  may  be  accountable  or  liable. 

26.  No  judge  of  any  court  of  law  or  equity,  secretary  of  state,  attorney- 
general,  register,  clerk  of  any  court  of  record,  or  person  holding  any  office 
under  the  authority  of  the  United  States,  shall  have  a  seat  in  the  general 
assembly;  nor  shall  any  person  in  this  state  hold  more  than  one 
lucrative  oflfice  at  the  same  time  :  Provided,  that  no  appointment  in  the 
militia,  or  to  the  office  of  justice  of  the  peace,  shall  be  considered  a  lu- 
crative office,  or  operate  as  a  disqualification  to  a  seat  in  either  house  of 
the  general  assembly. 

27.  Any  member  of  either  house  of  the  general  assembly  shall  have 
liberty  to  dissent  from,  and  protest  against,  any  act  or  resolve  which  ho 
may  think  injurious  to  the  public  or  to  any  individual,  and  to  have  the 
reasons  for  his  dissent  entered  on  the  journals. 

28.  All  lands  liable  to  taxation,  held  by  deed,  grant,  or  entry,  town 
lots,  bank  stock,  slaves  between  the  ages  of  twelve  and  fifty  years,  and 
such  other    property  as  the   legislature    may  from  time  to  time  deem 


248  CONSTITUTION   OF 

expedient,  shall  be  taxable.  All  property  shall  be  taxed  according  to  it* 
value  ;  that  value  to  be  ascertained  in  such  manner  as  the  legislature 
shall  direct,  so  that  the  same  shall  be  equal  and  unilbrm  throughout  the 
state.  No  one  species  of  property  from  which  a  tax  may  be  collected 
shall  be  taxed  higher  than  any  other  species  of  property  of  equal  value. 
But  the  legislature  shall  have  power  to  tax  merchants,  pedlers,  and 
privileges,  in  such  manner  as  they  may,  from  time  to  time,  direct.  A 
tax  on  white  polls  shall  be  laid,  in  such  manner  and  of  such  an  amount, 
as  may  be  prescribed  by  law. 

29.  The  general  assembly  shall  have  power  to  authorize  the  several 
counties  and  incorporated  towns  in  this  state,  to  impose  taxes  for  county 
and  corporation  purposes  respectively,  in  such  manner  as  shall  be  pre- 
scribed by  law  ;  and  all  property  shall  be  taxed  according  to  its  value, 
upon  the  principles  established  in  regard  to  state  taxation. 

30.  No  article  manufactured  of  the  produce  of  this  state  shall  be 
taxed  otherwise  than  to  pay  inspection  fees. 

31.  The  general  assembly  shall  have  no  power  to  pass  laws  for  the 
emancipation  of  slaves,  without  the  consent  of  their  owner  or  owners. 

AttTICLE    3. 

§  1.  The  supreme  executive  power  of  this  state  shall  be  vested  in  a 
governor. 

2.  The  governor  shall  be  chosen  by  the  electors  of  the  members  of  the 
general  assembly,  at  the  times  and  places  where  they  shall  respectively 
vote  for  the  members  thereof.  The  returns  of  every  election  for 
governor  shall  be  sealed  up,  and  transmitted  to  the  seat  of  government, 
by  the  returning  officers,  directed  to  the  speaker  of  the  senate,  who  shall 
open  and  publish  them  in  the  presence  of  a  majoritj'  of  the  members  of 
each  house  of  the  general  assembly.  The  person  having  the  highest 
number  of  votes  shall  be  governor ;  but  if  two  or  more  shall  be  equal, 
and  highest  in  votes,  one  of  them  shall  be  chosen  governor  by  joint  vote 
of  both  houses  of  the  general  assembly.  Contested  elections  for  governor 
shall  be  determined  by  both  houses  of  the  general  assembly,  in  such 
manner  as  shall  be  prescribed  by  law. 

3.  He  shall  be  at  least  thirty  years  of  age,  shall  be  a  citizen  of  the 
United  States,  and  shall  have  been  a  citizen  of  this  state  seven  years 
next  before  his  election. 

4.  The  governor  shall  hold  his  office  for  two  years,  and  until  his  suc- 
cessor shall  be  elected  and  qualified.  He  shall  not  be  eligible  more  than 
six  years  in  any  term  of  eight. 

5.  He  shall  be  commander-in-chief  of  the  army  and  navy  of  this  state, 
and  of  the  militia,  except  when  they  shall  be  called  into  the  service  of 
the  United  States. 

6.  He  shall  have  power  to  grant  reprieves  and  pardons,  after  conviction, 
except  in  cases  of  impeachment. 

7.  He  shall,  at  stated  times,  receive  a  compensation  for  his  services, 
wliich  shall  not  be  increased  or  diminished  during  the  period  for  which 
he  shall  have  been  elected. 

8.  He  may  require  information  in  writing,  from  the  officers  in  the 
executive  department,  upon  any  subject  relating  to  the  duties  of  their 
respective  offices. 

9.  He  may,  on  extraordinary  occasions,  convene  the  general  assembly  j 


TENNESSEE.  210 

by  proclamation ;  and  shall  state  to  them,  when  assembled,  the  purposes 
for  which  they  shall  have  been  convened ;  but  they  shall  enter  on  no 
legislative  business,  except  that  for  which  they  were  specially  called 
together. 

1 0.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

11.  He  shall,  from  time  to  time,  give  to  the  general  assembly  infor- 
mation of  the  state  of  the  government,  and  recommend  to  their  consi 
deration  such  measures  as  he  shall  judge  expedient. 

12.  In  case  of  the  removal  of  the  governor  from  office,  or  of  his  death, 
or  resignation,  the  powers  and  duties  of  the  office  shall  devolve  on  the 
speaker  of  the  senate ;  and  in  case  of  the  death,  removal  from  office,  or 
resignation  of  the  speaker  of  the  senate,  the  powers  and  duties  of  the 
office  shall  devolve  on  the  speaker  of  the  house  of  representatives. 

13.  No  member  of  congress,  or  person  holding  any  office  under  the 
United  States,  or  this  state,  shall  execute  the  office  of  governor. 

14.  When  any  officer,  the  right  of  whose  appointment  is  by  this 
constitution  vested  in  the  general  assembly,  shall,  during  the  recess,  die, 
or  the  office,  by  the  expiration  of  the  term,  or  by  other  means,  become 
vacant,  the  governor  shall  have  the  power  to  fill  such  vacancy, by  grant- 
ing a  temporary  commission,  which  shall  expire  at  the  end  of  the  next 
session  of  the  legislature. 

15.  There  shall  be  a  seal  of  this  state,  which  shall  be  kept  by  the 
governor,  and  used  by  hira  officially,  and  shall  be  called  the  Great  Seal 
of  the  State  of  Tennessee, 

16.  All  grants  and  commissions  shall  be  in  the  name  and  by  the 
authority  of  the  state  of  Tennessee,  be  sealed  with  the  state  seal,  and 
signed  by  the  governor. 

17.  A  secretary  of  state  shall  be  appointed  by  joint  vote  of  the 
general  assembly,  and  commissioned  during  the  term  of  four  years  :  he 
shall  keep  a  fair  register  of  all  the  official  acts  and  proceedings  of  the 
governor ;  and  shall,  when  required,  lay  the  same,  and  all  papers,  mi- 
nutes, and  vouchers  relative  thereto,  before  the  general  assembly :  and 
shall  perform  such  other  duties  as  shall  be  enjoined  by  law. 

ARTICLE  4. 

§  1.  Every  free  white  man  of  the  age  of  twenty-one  years,  being  a 
citizen  of  the  United  States,  and  a  citizen  of  the  county  wherein  he  may 
offer  his  vote  six  months  next  preceding  the  day  of  election,  shall  be 
entitled  to  vote  for  members  of  the  general  assembly,  and  other  civil 
officers,  for  the  county  or  district  in  which  he  resides  :  provided,  that  no 
person  shall  be  disqualified  from  voting  in  any  election  on  account  of 
colour,  who  is  now,  by  the  laws  of  this  state,  a  competent  witness  in  a 
court  of  justice  against  a  white  man.  All  free  men  of  colour  shall  be 
exempt  from  military  duty  in  time  of  peace,  and  also  from  paying  a  free 
poll  tax. 

2.  Laws  may  be  passed  excluding  from  the  right  of  suffrage,  persons 
who  may  be  convicted  of  infamous  crimes. 

3.  Electors  shall  in  all  cases,  except  treason,  felony,  or  breach  of  the 
peace,  be  privileged  from  arrest  or  summons  during  their  attendance  at 
elections,  and  in  going  to  and  returning  from  them. 

4.  In  all  elections  to  be  made  by  the  general  assembly,  the  members 


250  CONSTITUTION    OF 

thereof  shall  vote  viva  voce ;  and  their  votes  shall  be  entered  on  the 
journal.     All  other  elections  shall  be  by  ballot. 

ARTICLE  5. 

§  1.  The  house  of  representatives  shall  have  the  sole  power  of  im- 
peachment. 

2.  All  impeachments  shall  be  tried  by  the  senate ;  when  sitting  for 
that  purpose,  the  senators  shall  be  upon  oath  or  affirmation.  No  person 
shall  be  convicted  without  the  concurrence  of  two-thirds  of  the  senators 
sworn  to  try  the  officer  impeached. 

3.  The  house  of  representatives  shall  elect,  from  their  ovm  body, 
three  members,  whose  duty  it  shall  be  to  prosecute  impeachments.  No 
impeachment  shall  be  tried  until  the  legislature  shall  have  adjourned 
sine  die,  when  the  senate  shall  proceed  to  try  such  impeachment. 

4.  The  governor,  judges  of  the  supreme  court,  judges  of  inferior 
courts,  chancellors,  attorneys  for  the  state,  and  secretary  of  state,  shall 
be  liable  to  impeachment,  whenever  they  may,  in  the  opinion  of  the 
house  of  representatives,  commit  any  crime  in  their  official  capacity, 
which  may  require  disqualification ;  but  judgment  shall  only  extend  to 
removal  from  office,  and  disqualification  to  fill  any  office  thereafter. 
The  party  shall,  nevertheless,  be  liable  to  indictment,  trial,  judgment, 
and  punishment,  according  to  law. 

5.  Justices  of  the  peace,  and  other  civil  officers,  not  hereinbefore 
mentioned,  for  crimes  or  misdemeanors  in  office,  shall  be  liable  to  in- 
dictment in  such  courts  as  the  legislature  may  direct ;  and  upon  con- 
viction, shall  be  removed  from  office,  by  said  court,  as  if  found  guilty  on 
impeachment ;  and  shall  be  subject  to  such  other  punishment  as  may  be 
prescribed  by  law. 

ARTICLE    6. 

§  1.  The  judicial  power  of  this  state  shall  be  vested  in  one  supreme 
court,  in  such  inferior  courts  as  the  legislature  shall  from  time  to  time 
ordain  and  establish,  and  the  judges  thereof  and  in  justices  of  the  peace. 
The  legislature  may  also  vest  such  jurisdiction  as  may  be  deemed  neces- 
sary in  corporation  courts. 

2.  The  supreme  court  shall  be  composed  of  three  judges,  one  of  whom 
shall  reside  in  each  of  the  grand  divisions  of  the  state ;  the  concurrence 
of  two  of  said  judges  shall  in  every  case  be  necessary  to  a  decision. 
The  jurisdiction  of  this  court  shall  be  appellate  only,  under  such  re- 
strictions and  regulations  as  may  from  time  to  time  be  prescribed  by  law ; 
but  it  may  possess  such  other  jurisdiction  as  is  now  conferred  by  law  on 
the  Resent  supreme  court.  Said  courts  shall  be  held  at  one  place,  and 
at  one  place  only,  in  each  of  the  three  grand  divisions  in  the  state. 

3.  The  general  assembly  shall,  by  joint  vote  of  both  houses,  appoint 
judges  of  the  several  courts  of  law  and  equity ;  but  courts  may  be 
established  to  be  holden  by  justices  of  the  peace.  Judges  of  the  supreme 
court  shall  be  thirty-five  years  of  age,  and  shall  be  elected  for  the  term 
of  twelve  years. 

4.  The  judges  of  such  inferior  courts  as  the  legislature  may  establish, 
shall  be  thirty  years  of  age,  and  shall  be  elected  for  the  term  of  eight 
years. 

5.  The  legislature  shall  elect  attorneys  for  t^ie  state,  by  joint  vote  of 


TENNESSEE.  251 

both  houses  of  the  general  assembly,  who  shall  hold  their  offices  for  the 
term  of  six  years.  In  all  cases  where  an  attorney  for  any  district  fails 
or  refuses  to  attend,  and  prosecute  according  to  law,  the  court  shall  have 
power  to  appoint  an  attorney  pro  tempore. 

6.  Judges  and  attorneys  for  the  state,  may  be  removed  from  office  by 
a  concurrent  vote  of  both  houses  of  the  general  assembly,  each  house 
voting  separately ;  but  two-thirds  of  all  the  members  elected  to  each 
house  must  concur  in  such  vote  :  the  vote  sliall  be  determined  by  ayes 
and  noes,  and  the  names  of  the  members  voting  for  or  against  the  judge 
or  attorney  for  the  state,  together  with  the  cause  or  causes  of  removal, 
shall  be  entered  on  the  journals  of  each  house  respectively.  The  judge 
or  attorney  for  the  state,  against  whom  the  legislature  may  be  about  to 
proceed,  shall  receive  notice  thereof,  accompanied  with  a  copy  of  the 
causes  alleged  for  his  removal,  at  least  ten  days  before  the  day  on  which 
either  house  of  the  general  assembly  shall  act  thereupon. 

7.  The  judges  of  the  supreme  and  inferior  courts,  shall,  at  stated 
times,  receive  a  compensation  for  their  services,  to  be  ascertained  by  law, 
which  shall  not  be  increased  or  diminished,  during  the  time  for  wliich 
they  are  elected.  Thoy  shall  not  be  allowed  any  fees  or  perquisites  of 
office,  nor  hold  any  other  office  of  trust  or  profit  under  this  state  or  the 
United  States. 

8.  The  jurisdiction  of  such  inferior  courts,  as  the  legislature  may  from 
time  to  time  establish,  shall  be  regulated  by  law. 

9.  Judges  shall  not  charge  juries  with  respect  to  matters  of  fact,  but 
may  state  the  testimony  and  declare  the  law. 

10.  The  judges  or  justices  of  such  inferior  courts  of  law  as  the  legis- 
lature may  establish,  shall  have  power,  in  all  civil  cases,  to  issue  writs 
of  certiorari  to  remove  any  cause  or  transcript  thereof,  from  any  inferior 
jurisdiction,  into  said  court  on  sufficient  cause  supported  by  oath  or  affir- 
mation. 

11.  No  judge  of  the  supreme  or  inferior  courts,  shall  preside  on  the 
trial  of  any  cause,  in  the  event  of  which  he  may  be  interested,  or  where 
either  of  the  parties  shall  be  connected  with  him  by  affinity  or  consan- 
guinity, within  such  degrees  as  may  be  prescribed  by  law,  or  in  which  he 
may  have  been  of  counsel,  or  in  which  he  may  have  presided  in  any 
inferior  court,  except  by  consent  of  all  the  parties.  In  case  all  or  any 
of  the  judges  of  the  supreme  court,  shall  be  thus  disqualified  from  pre- 
siding on  the  trial  of  any  cause  or  causes,  the  court,  or  the  judges  thereof, 
shall  certify  the  same  to  the  governor  of  the  state,  and  he  shall  forthwith 
specially  commission  the  requisite  number  of  men  of  law  knowledge, 
for  the  trial  and  determination  thereof.  In  case  of  sickness  of  any  of 
the  judges  of  the  supreme  or  inferior  courts,  so  that  they  or  any  of  them 
are  unable  to  attend,  the  legislature  shall  be  authorized  to  make  pro- 
vision by  the  general  laws,  that  special  judges  may  be  appointed  to  attend 
said  courts. 

12.  All  writs  and  other  process  shall  run  in  the  name  of  the  state  of 
Tennessee ;  and  bear  test,  and  be  signed  by  the  respective  clerks.  In- 
dictments shall  conclude,  "against  the  peace  ayid  dignity  of  the  stated 

1 5.  Judges  of  the  supreme  court  shall  appoint  their  clerks,  who  shall 
hold  their  offices  for  the  period  of  six  years.  Chancellors  (if  courts  of 
chancery  shall  be  established)  shall  appoint  their  clerks  and  masters,  who 
shall  hold  their  offices  for  the  period  of  six  years.     Clerks  of  such  infe- 


262  CONSTITUTION   OF 

rior  courts  as  may  be  hereafter  established,  which  shall  be  required  to  be 
holden  in  the  respective  counties  of  this  state,  shall  be  elected  by  the 
qualified  voters  thereof,  for  the  term  of  four  years ;  they  shall  be  re 
moved  from  office  for  malfeasance,  incompetency  or  neglect  of  duty,  in 
such  manner  as  may  be  prescribed  by  law. 

14.  No  fine  shall  be  laid  on  any  citizen  of  this  state,  that  shall  exceed 
fifty  dollars  ;  unless  it  shall  be  assessed  by  a  jury  of  his  peers,  who  shall 
assess  the  fine  at  the  time  they  find  the  fact,  if  they  think  tha  fine  should 
be  more  than  fifty  dollars. 

15.  The  dilferent  counties  in  this  state  shall  be  laid  off  as  the  general 
assembly  may  direct,  into  districts  of  convenient  size,  so  that  the  whole 
number  in  each  county  shall  not  be  more  than  twenty-five,  or  four  for 
ever)'  one  hundred  square  miles.  There  shall  be  two  justices  of  the 
peace  and  one  constable  elected  in  each  district,  by  the  qualified  voters 
therein,  except  districts  including  county  towns,  which  shall  elect  three 
justices  and  two  constables.  The  jurisdiction  of  said  ofiicers  shall  be 
co-extensive  with  the  county.  Justices  of  the  peace  shall  be  elected  for 
the  term  of  six,  and  constables  for  the  term  of  two  years.  Upon  the 
removal  of  either  of  said  officers  from  the  district  in  which  he  was 
elected,  his  office  shall  become  vacant  from  the  time  of  such  removal. 
Justices  of  the  peace  shall  be  commissioned  by  the  governor.  The  le- 
gislature shall  have  power  to  provide  for  the  appointment  of  an  addi- 
tional number  of  justices  of  the  peace  in  incorporated  towns. 

AKTICLE  7. 

§  1.  There  shall  be  elected  in  each  county,  by  the  qualified  voters 
therein,  one  sheriff,  one  trustee,  and  one  register;  the  sheriff  and  trustee 
for  two  years,  and  the  register  for  four  years  :  provided^  that  no  person 
shall  be  eligible  to  the  office  of  sheriff  more  than  six  years  in  any  term 
of  eight  years.  There  shall  be  elected  for  each  county,  by  the  justices 
of  the  peace,  one  coroner  and  one  ranger,  who  shall  hold  their  offices  for 
two  years.  Said  officers  shall  be  removed  for  malfeasance,  or  neglect 
of  duty,  in  such  manner  as  may  be  prescribed  by  law. 

2.  Should  a  vacancy  occur,  subsequent  to  an  election,  in  the  office  of 
sheriff,  trustee,  or  register,  it  shall  be  filled  by  the  justices ;  if  in  that  of 
the  clerks  to  be  elected  by  the  people,  it  shall  be  filled  by  the  courts ; 
and  the  person  so  appointed  shall  continue  in  office  until  his  successor 
shall  be  elected  and  qualified ;  and  such  office  shall  be  filled  by  the 
qualified  voters  at  the  first  election  for  any  of  the  county  officers. 

3.  There  shall  be  a  treasurer  or  treasurers  appointed  for  the  state,  by 
the  joint  vote  of  both  houses  of  the  general  assembly,  who  shall  hold  his 
or  their  offices  for  two  years. 

4.  The  election  of  all  officers,  and  the  filling  of  all  vacancies  that  may 
happen,  by,  death,  resignation,  or  removal,  not  otherwise  directed  or  pro- 
vided for  by  this  constitution,  shall  be  made  in  such  manner  as  the 
legislature  shall  direct. 

5.  The  legislature  shall  provide,  that  the  election  of  the  county  and 
other  officers  by  the  people,  shall  not  take  place  at  the  same  time  that 
the  general  elections  are  held  for  members  of  congress,  members  of  the 
legislature,  and  governor.  The  elections  shall  commence  and  terminate 
on  the  same  day. 


TENNESSEE.  253 


ARTICtB    8. 


§  1.  All  militia  officers  shall  be  elected  by  persons  subject  to  military 
duty,  within  the  bounds  of  their  several  companies,  battalions,  regiments, 
brigades  and  divisions,  under  such  rules  and  regulations  as  the  legisla- 
ture may,  from  time  to  time,  direct  and  establish. 

2.  The  governor  shall  appoint  the  adjutant-general  and  his  other  staff 
officers  ;  the  majors-general,  brigadiers- general  and  commanding  officers 
of  regiments,  shall  respectively  appoint  their  staff-officers. 

3.  The  legislature  shall  pass  laws,  exempting  citizens  belonging  to  any 
sect  or  denomination  of  religion,  the  tenets  of  which  are  known  to  be 
opposed  to  the  bearing  of  arms,  from  attending  private  and  general 
musters, 

ARTICLE    9. 

§  1.  Whereas,  ministers  of  the  gospel  are,  by  their  profession,  dedi- 
cated to  God  and  the  care  of  souls,  and  ought  not  to  be  diverted  from 
the  great  duties  of  their  functions ;  therefore,  no  minister  of  the  gospel 
or  priest  of  any  denomination  whatever,  shall  be  eligible  to  a  seat  in 
either  house  of  the  legislature. 

2.  No  person  who  denies  the  being  of  a  God,  or  a  future  state  of 
rewards  and  punishments,  shall  hold  any  office  in  the  civil  department 
of  this  state, 

3.  Any  person  who  shall,  after  the  adoption  of  this  constitution,  fight 
a  duel,  or  knowingly  be  the  bearer  of  a  challenge  to  fight  a  duel,  or  send 
or  accept  a  challenge  for  that  purpose,  or  be  an  aider  or  abettor  in  fight- 
ing a  duel,  shall  be  deprived  of  the  right  to  hold  any  office  of  honour  or 
profit  in  this  state,  and  shall  be  punished  otherwise,  in  such  manner  as 
the  legislature  may  prescribe, 

ARTICLE     10. 

§  1.  Every  person  who  shall  be  chosen  or  appointed  to  any  office  of 
trust  or  profit,  under  this  constitution,  or  any  law  made  in  pursuance 
thereof,  shall,  before  entering  on  the  duties  thereof,  take  an  oath  to  sup- 
port the  constitution  of  this  state,  and  of  the  United  States,  and  an 
oath  of  office. 

2.  Each  member  of  the  senate  and  house  of  representatives  shad, 
before  they  proceed  to  business,  take  an  oath  or  affirmation,  to  support 
the  constitution  of  this  state,  and  of  the  United  States,  and    also  the 

following  oath :  "  I, ,  do  solemnly  swear,  (or  affirm,)  that,  as  a 

member  of  this  general  assembly,  I  will,  in  all  appointments,  vote  without 
favour,  affection,  partiality,  or  prejudice  ;  and  that  I  will  not  propose  or 
assent  to  any  bill,  vote  or  resolution,  which  shall  appear  to  me  injurious 
to  the  people,  or  consent  to  any  act  or  thing  whatever,  that  shall  have  a 
tendency  to  lessen  or  abridge  their  rights  and  privileges,  as  declared  by 
tlie  constitution  of  this  state." 

3.  Any  elector  who  shall  receive  any  gift  or  reward  for  his  vote,  in 
meat,  drink,  money,  or  otherwise,  shall  suffer  such  punishment  as  the 
laws  shall  direct.  And  any  person  who  shall  directly  or  indirectly  give, 
promise,  or  bestow  any  such  reward  to  be  elected,  shall  thereby  be 
rendered  incapable,  for  six  years,  to  serve  in  the  office  for  which  he  was 
elected,  and  be  subject  to  such  fui*her  punishment  as  the  legislature 
shall  direct. 


264  CONSTITUTION   OF 

4.  New  counties  may  be  established  by  the  legislature,  to  consist  of 
not  less  than  three  hundred  and  fifty  square  miles,  and  which  shall 
contaiii  d  population  of  four  hundred  and  fifty  qualified  voters.  No  line 
of  such  county  shall  approach  the  court-house  of  any  old  county  from 
which  it  may  be  taken,  nearer  than  twelve  miles.  No  part  of  a  county 
shall  be  taken  to  form  a  new  county  or  a  part  thereof,  without  the  consent 
of  a  majority  of  the  qualified  voters  in  such  part  taken  off.  And  in  all 
cases  where  an  old  county  may  be  reduced  for  the  purpose  of  forming  a 
new  one,  the  seat  of  justice  in  said  old  county  shall  not  be  removed 
without  the  concurrence  of  two-thirds  of  both  branches  of  the  legisla- 
ture, nor  shall  said  old  county  be  reduced  to  less  than  six  hundred  and 
twenty-five  square  miles  :  provided,  however,  that  the  county  of  Bedford 
may  be  reduced  to  four  hundred  and  seventy-five  square  miles  ;  and  there 
shall  not  be  laid  off  more  than  one  new  county  on  the  west,  and  one  on 
the  east,  adjoining  the  county  of  the  dividing  line ;  a  majority  of  the 
qualified  voters  of  said  county  voting  in  favour  of  said  division :  the 
counties  of  Carter,  Rhea,  and  Humphreys  shall  not  be  divided  into  more 
than  two  counties  each ;  nor  shall  more  than  one  new  county  be  taken 
out  of  the  territory  now  composing  the  counties  of  Tipton  and  Dyer ;  nor 
shall  the  seats  of  justice  in  the  counties  of  Rhea,  Carter,  Tipton, 
and  Dyer  be  removed,  without  the  concurrence  of  two-thirds  of  both 
branches  of  the  legislature.  The  county  of  Sullivan  may  be  reduced 
below  the  contents  of  six  hundred  and  twenty-five  square  miles,  but  the 
line  of  any  new  county  which  may  hereafter  be  laid  off  shall  not  approach 
the  county  seat  of  said  county  nearer  than  ten  miles.  The  counties  of 
Marion  and  Bledsoe  shall  not  be  reduced  below  ane  thousand  qualified 
voters  each,  in  forming  a  new  county  or  counties. 

5.  The  citizens  who  may  be  included  in  any  new  county,  shall  vote 
with  the  county  or  counties  from  which  they  may  have  been  strickerj 
off,  for  members  of  congress,  for  governor  and  for  members  of  the 
general  assembly,  until  the  next  apportionment  of  members  to  the  general 
aissembly  after  the  establishment  of  such  new  county. 

ARTICLK     11. 

§  1.  All  laws  and  ordinances  now  in  force  and  use  in  this  state,  not 
inconsistent  with  this  constitution,  shall  continue  in  force  and  use  until 
they  shall  expire,  be  altered  or  repealed  by  the  legislature. 

2.  Nothing  contained  in  this  constitution  shall  impair  the  validity  of 
any  debts  or  contracts,  or  affect  any  rights  of  property,  or  any  suits, 
actions,  rights  of  action,  or  other  proceedings  in  courts  of  justice. 

3.  Any  amendment  or  amendments  to  this  constitution  may  be  pro- 
posed in  the  senate  or  house  of  representatives ;  and  if  the  same  shall 
be  agreed  to  by  a  majority  of  all  the  members  elected  to  each  of  the  two 
houses,  such  proposed  amendment  or  amendments  shall  be  entered  on 
their  journals,  with  the  yeas  and  nays  thereon,  and  referred  to  the  general 
assembly  then  next  to  be  chosen  :  and  shall  be  published  for  six  months 
previous  to  the  time  of  making  such  choice.  And  if  in  the  general 
assembly  next  chosen  as  aforesaid,  such  proposed  amendment  or  amend- 
ments shall  be  agreed  to  by  two-thirds  of  all  the  members  elected  to  each 
house,  then  it  shall  be  the  duty  of  the  general  assembly  to  submit  such 
proposed  amendment  or  amendments  to  the  people,  in  such  manner,  and 
at  i?uch  time,  as  the  general  assembly  shall  prescribe.     And  if  the  people 


TENNESSEE.  255 

shall  approve  and  ratify  such  amendment  or  amendments,  by  a  majority 
of  all  the  citizens  of  the  state  voting  for  representatives,  voting  in  their 
favour,  such  amendment  or  amendments  shall  become  part  of  this  con- 
stitution. When  any  amendment  or  amendments  to  the  constitution 
shall  be  proposed  in  pursuance  of  the  foregoing  provisions,  the  same 
shall  at  each  of  the  said  sessions  be  read  three  times  on  three  several  days 
in  each  house.  The  legislature  shall  not  propose  amendments  to  the 
constitution  oftener  than  once  in  six  years. 

4.  The  legislature  shall  have  no  power  to  grant  divorces,  but  may 
authorize  the  courts  of  justice  to  grant  them  for  such  causes  as  )nay  be 
specified  by  lavy :  provided,  that  such  laws  be  general  and  uniform  in 
their  operation  throughout  the  state. 

5.  The  legislature  shall  have  no  power  to  authorize  lotteries  for  any 
purpose,  and  shall  pass  laws  to  prohibit  the  sale  of  lottery  tickets  in  this 
state. 

6.  The  legislature  shall  fix  the  rate  of  interest ;  and  the  rate  so 
established  shall  be  equal  and  uniform  throughout  the  state. 

7.  The  legislature  shall  have  no  power  to  suspend  any  general  law 
for  the  benefit  of  any  particular  individual,  nor  to  pass  any  law  for  the 
benefit  of  individuals  inconsistent  with  the  general  laws  of  the  land;  nor  to 
pass  any  law  granting  to  any  individual  or  individuals,  rights,  privileges, 
immunities,  or  exemptions,  other  than  such  as  may  be,  by  the  same  law, 
extended  to  any  member  of  the  community,  who  may  be  able  to  bring 
himself  within  the  provisions  of  such  law :  provided  always,  the  legis- 
lature shall  have  power  to  grant  such  charters  of  corporation  as  they  may 
deem  expedient  for  the  pubUc  good. 

8.  The  legislature  shall  have  the  right  to  vest  such  powers  in  the 
courts  of  justice,  with  regard  to  private  and  local  aflfairs,  as  may  be 
deemed  expedient. 

9.  A  well  regulated  system  of  internal  improvement  is  calculated  to 
develope  the  resources  of  the  state,  and  promote  the  happiness  and 
prosperity  of  her  citizens ;  therefore  it  ought  to  be  encouraged  by  the 
general  assembly. 

1 0.  Knowledge,  learning,  and  virtue,  being  essential  to  the  preserva- 
tion of  republican  institutions,  and  the  diffusion  of  the  opportunities  and 
advantages  of  education  throughout  the  different  portions  of  the  state, 
being  highly  conducive  to  the  promotion  of  this  end ;  it  shall  be  the  duty 
of  the  general  assembly  in  all  future  periods  of  this  government,  to  cherish 
literature  and  science.  And  the  fund  called  the  common  school  fund, 
and  all  the  lands  and  proceeds  thereof,  dividends,  stocks,  and  other 
property  of  every  description  whatever,  heretofore  by  law  appropriated 
by  the  general  assembly  of  this  state  for  the  use  of  common  schools,  and 
all  such  as  shall  hereafter  be  appropriated,  shall  remain  a  perpetual  fiend, 
the  principal  of  which  shall  never  be  diminished  by  legislative  appro- 
priation, and  the  interest  thereof  shall  be  inviolably  appropriated  to  the 
support  and  encouragement  of  common  schools  throughout  the  state,  and 
for  the  equal  benefit  of  all  the  people  thereof;  and  no  law  shall  be  made 
authorizing  said  fund,  or  any  part  thereof,  to  be  diverted  to  any  other 
use  than  the  support  and  encouragement  of  common  schools :  and  it 
shall  be  the  duty  of  the  general  assembly,  to  appoint  a  board  of  com- 
missioners, for  such  term  of  time  as  they  may  think  proper,  who  shall 
have  the  general  superintendence  of  said  fund,  and  who  shall  make  a 


256  CONSTITUTION   OF 

-eport  of  the  condition  of  the  same,  from  time  to  time,  under  such  rules, 
-egulations,  and  restrictions  as  may  be  required  by  law;  provided,  that 
if  at  any  time  hereafter  a  division  of  the  public  lands  of  the  United 
States,  or  of  the  money  arising  from  the  sales  of  such  lands,  shall  be 
made  among  the  individual  states,  the  part  of  such  lands,  or  money 
coming  to  this  state,  shall  be  devoted  to  the  purposes  of  education  and 
internal  improvement ;  and  shall  never  be  applied  to  any  other  purpose. 

11.  The  above  provisions  shall  not  be  construed  to  prevent  the  legis- 
lature from  carrying  into  effect  any  laws  that  have  been  passed  in  favour 
of  the  colleges,  universities,  or  academies,  or  from  authorizing  heirs  or 
distributees  to  receive  and  enjoy  escheated  property,  under  such  rules 
and  regulations  as  from  time  to  time  may  be  prescribed  by  law. 

12.  The  declaration  of  rights  hereto  prefixed,  is  declared  to  be  a  part 
of  the  constitution  of  this  state,  and  shall  never  be  violated  on  any  pre- 
tence whatever.  And  to  guard  against  transgression  of  the  high  powers 
we  have  delegated,  we  declare  that  every  thing  in  the  bill  of  rights  con- 
tained, is  excepted  out  of  the  general  powers  of  government,  and  shall 
for  ever  remain  inviolate. 

SCHEDULE. 

§  1.  That  no  inconvenience  may  arise  from  a  change  of  the  consti- 
tution, it  is  declared,  that  all  oflBcers,  civil  and  military,  shall  continue  to 
hold  their  offices ;  and  all  the  functions  appertaining  to  the  same  shall 
be  exercised  and  performed  according  to  the  existing  laws  and  consti- 
tution, until  the  end  of  the  first  session  of  the  general  assembly,  which 
shall  sit  under  this  constitution,  and  until  the  government  can  be  reor- 
ganized and  put  into  operation  under  this  constitution,  in  such  manner 
as  the  first  general  assembly  aforesaid  shall  prescribe,  and  no  longer. 

2.  The  general  assembly  which  shall  sit  after  the  first  apportionment 
of  representation  under  the  new  constitution,  to  wit:  in  the  year  one 
thousand  eight  hundred  and  forty-three,  shall,  within  the  first  week  after 
the  commencement  of  the  session,  designate  and  fix  the  seat  of  govern- 
ment ;  and  when  so  fixed,  it  shall  not  be  removed,  except  by  the  consent 
of  two-thirds  of  the  members  of  both  houses  of  the  general  assembly. 
The  first  and  second  sessions  of  the  general  assembly  under  this  consti- 
tution shall  be  held  in  Nashville. 

S'.  Until  a  land  office  shall  be  opened,  so  as  to  enable  the  citizens 
south  and  west  of  the  congressional  reservation  line,  to  obtain  titles  upon 
their  claims  of  occupancy,  those  who  hold  lands  by  virtue  of  such  claims, 
shall  be  eligible  to  serve  in  all  capacities  where  a  freehold  is,  by  the  laws 
of  the  state,  made  a  requisite  qualification. 

Done  in  convention  at  Nashville,  this  thirtieth  day  of  August,  one 
thousand  eight  hundred  and  thirty-four,  and  of  the  independence 
of  the  United  States  of  America  the  fifty-ninth. 

In  testimony  whereof,  we  have  hereunto  subscribed  our  names. 

WILLIAM  B.  CARTER,  President. 

Robert  Allen,  Robert  M.  Burton, 

Hugh  C.  Armstrong,  Willie  Blount, 

Adam  R.  Alexander,  Maclin  Cross, 

Richard  Bradshaw,  Newton  Cannon, 


TENNESSEE. 


257 


William  I^edbetter, 
William  H.  Loving, 
Abraham  McCIellan, 
Robert  J.  McKinney, 
William  G.  Childress, 
Terry  ^.  Cahal, 
Robert  L.  Cobbs, 
Richard  Cheatham, 
Burchett  Douglass, 
Francis  B.  Fogg, 
Gray  Garrett, 
James  Gillespy, 
Boiling  Gordon, 
James  Gray, 
Callaway  Hodges, 
Isaac  Hill, 
Adam  Huntsman, 
West  H.  Humphreys, 
Nelson  I.  Hess, 
John  Kelly, 

Andrew  A.  Kincannon, 
Joseph  Kincaid, 
Peter  Kendall, 
Bradley  Kimbrough, 


Joseph  A.  Mabry, 
John  M'Gaughey, 
John  Montgomery, 
George  W.  L.  Marr, 
John  Neil, 
Richard  Nelson, 
Thomas  C.  Porter, 
John  Purdy, 
William  C.  Roadman, 
George  W.  Richardson, 
Henry  Ridley, 
Julius  C.  N.  Robertson, 
Matthew  Stephenson, 
William  T.  Senter, 
James  W.  Smith, 
William  C.  Smartt, 
Henry  Sharp, 
James  Scott, 
Ennis  Ury, 
John  Whitson, 
Isaac  Walton, 
John  J.  White, 
Jonathan  Webster, 
Robert  Weakley. 


William  K.  Hill,  Secretary, 


ORDINANCE. 


I.  Ordered,  That  it  shall  be  the  duty  of  the  several  officers  of  this 
state,  authorized  by  law  to  hold  elections  for  members  of  the  general  as- 
sembly, to  open  and  hold  an  election,  at  the  places  of  holding  elections 
for  members  to  the  general  assembly,  in  their  respective  counties,  on  the 
first  Thursday  and  Friday  in  March  next,  for  the  purpose  of  receiving 
the  votes  of  such  qualified  voters  as  may  desire  to  vote  for  the  adoption 
or  rejection  of  this  amended  constitution :  provided,  that  no  person  shall 
be  deemed  a  qualified  voter  in  said  election,  except  such  as  are  included 
within  the  provisions  of  the  first  section  of  the  fourth  article  of  this 
amended  constitution. 

n.  Ordered,  That  it  shall  be  the  duty  of  said  returning  officers  in 
each  county  in  this  state,  to  prepare  poll  books,  which  shall  be  opened 
on  said  days  of  election,  and  in  which  shall  be  enrolled  the  name  of 
each  voter  by  the  assistance  of  clerks,  who  shall  be  appointed  and  sworn 
as  clerks  in  other  elections.  Said  officers  shall  prepare  a  ballot  box,  in 
which  shall  be  placed  the  ticket  of  each  voter.  Each  ticket  shall  have 
written  thereon  the  words,  "■  I  ratify  the  amended  constitution :"  or  if  the 
voter  is  opposed  to  it,  "  I  reject  the  amended  constitution  :"  or  the  words 
"  Ratification"  or  "  Rejection,"  or  some  such  words  as  will  distinctly 
convey  the  intention  of  the  voter.  The  justices  of  the  several  county 
courts  in  this  state,  at  some  time  previous  to  the  day  of  said  election, 
ehall  appoint  three  inspectors  for  each  precinct ;  and  in  case  of  failure 
T  2 


258  CONSTITUTION   OF 

of  the  courts  to  appoint  inspectors,  then  said  returning  officers  shall  ap- 
point them.  It  shall  be  the  duty  of  said  returning  officers,  in  presence 
of  the  said  inspectors,  to  count  the  votes  given  for  the  ratification  and 
rejection  of  the  constitution,  of  which  they  shall  keep  a  true  and  correct 
estimate  in  said  poll  book.  Said  returning  officer  shall  deposit  the  ori- 
ginal poll  books  of  said  election  with  the  clerk  of  the  county  court  in 
their  respective  counties,  and  shall  within  five  days  after  said  election, 
make  out  duplicate  statements  of  the  number  of  votes  in  their  respective 
counties  for  ratifying  and  rejecting  the  constitution  ;  and  shall  forward 
by  mail  one  of  said  certificates  to  the  governor,  one  to  the  secretary  of 
state,  and  shall  likewise  deposit  one  with  the  clerk  of  the  county  court. 
It  shall  be  the  duty  of  said  several  clerks  carefully  to  examine  the  said 
poll  books,  and  forthwith  to  certify  to  the  secretary  of  state,  a  full,  true, 
and  perfect  statement  of  the  number  of  votes  taken  for  and  against  the 
constitution,  as  appears  from  the  poll  books,  filed  in  their  office.  Should 
said  returning  officers,  or  any  of  them,  fail  to  make  returns  in  due  time, 
as  above  directed,  the  secretary  of  state  shall  then  be  authorized  to 
despatch  a  special  messenger  for  the  purpose  of  obtaining  a  certified 
copy  of  the  result  of  said  elections. 

III.  Ordered,  That  upon  the  receipt  of  the  said  returns,  it  shall  be  the 
duty  of  the  governor,  secretary  of  state,  and  any  one  of  the  judges  of  the 
supreme  court,  or  any  two  of  the  said  named  officers,  to  compare  the 
votes  given  in  said  election  for  the  ratification  and  rejection  of  the 
amended  constitution ;  and  if  it  shall  appear  from  said  returns,  that  a 
majority  of  all  the  votes  given  in  said  election,  is  for  ratifying  the 
amended  constitution,  then  it  shall  be  the  duty  of  the  governor  forth- 
with to  make  proclamation  of  that  fact,  and  thenceforth  this  amended 
constitution  shall  be  ordained  and  established  as  the  constitution  of  the 
state  of  Tennessee.  It  shall  moreover  be  the  duty  of  the  governor,  in 
and  by  said  proclamation,  to  command  the  sheriffs  and  other  officers  di- 
rected by  law  to  hold  and  superintend  elections,  to  open  the  polls  of 
elections  at  the  places  of  holding  elections  for  members  of  the  genera! 
assembly  in  their  respective  counties,  on  the  first  Thursday  in  August 
one  thousand  eight  hundred  and  thirty-five,  for  the  purpose  of  electing  a 
governor,  and  for  the  election  of  senators  and  representatives  to  the 
general  assembly  of  this  state  from  the  several  districts  and  counties,  as 
mentioned  and  described  in  this  ordinance,  at  which  time  and  places  elec- ' 
tions  shall  also  be  held  for  members  of  congress ;  and  said  officers  shall 
make  returns  of  said  elections  under  the  same  rules  and  regulations  as 
are  now  required  by  the  existing  laws.  And  it  shall  be  the  duty  of  the 
secretary  of  state  to  record  the  returns  made  from  each  county  or  dis- 
trict, and  the  result  of  said  election,  in  a  bound  book  to  be  preserved  in 
his  office. 

IV.  Be  it  further  ordered,  That  if  any  sheriff  or  other  acting  offi- 
cer shall  fail,  within  the  time  prescribed  by  this  ordinance,  to  discharge 
any  of  the  duties  hereby  required,  such  sheriff  or  other  returning  officer 
so  failing  as  aforesaid,  shall  forfeit  and  pay  the  sum  of  five  thousand 
dollars,  to  be  recovered  by  action  of  debt  in  any  of  the  courts  of  record 
in  this  state  ;  to  be  sued  for  in  the  name  of  the  governor,  for  the  use  and 
benefit  of  common  schools. 

v.  JSe  it  further  ordered.  That  until  the  first  enumeration  and  ai>' 
'portionment  of  representation  in  one  thousand  eight  hundred  and  forty 


TENNESSEE.  259 

one,  as  directed  by  the  amended  constitution,  the  following  districts  shall 
be  formed,  each  of  which  shall  elect  one  senator,  and  the  polls  of  elec- 
tion shall  be  compared  at  the  several  places  herein  mentioned,  on  the 
first  Monday  succeeding  the  day  of  election  ;  to  wit : 

The  counties  of  Carter,  Sullivan  and  Washington,  shall  form  one  dis- 
trict ;  and  the  polls  shall  be  compared  in  the  town  of  Jonesborough. 

The  counties  of  Greene  and  Hawkins,  shall  compose  one  district ; 
and  the  polls  shall  be  compared  in  the  town  of  Greenville. 

The  counties  of  Cocke,  Sevier,  Jefferson  and  Blount,  shall  form  ono 
district ;  and  the  polls  shall  be  compared  in  the  town  of  Sevierville. 

The  counties  of  Grainger,  Claiborne,  Campbell,  Anderson  and  Mor- 
gan, shall  compose  one  district ;  and  the  polls  shall  be  compared  at  the 
house  of  Robert  Glenn,  Esq.,  in  Campbell  county. 

The  counties  of  Knox  and  Roane  shall  form  one  district ;  and  the 
polls  shall  be  compared  at  Campbell's  Station. 

The  counties  of  Munroe  and  McMinn  shall  compose  one  district ; 
and  the  polls  shall  be  compared  in  the  town  of  Athens. 

The  counties  of  Rhea,  Bledsoe,  Marion  and  Hamilton,  shall  compose 
one  district;  and  the  polls  shall  be  compared  at  the  town  of  Dallas. 

The  counties  of  Warren  and  Franklin  shall  compose  one  district ;  and 
the  polls  shall  be  compared  at  Hillsborough. 

The  counties  of  Overton,  Jackson,  Fentress  and  White,  shall  compose 
one  district ;  and  the  polls  shall  be  compared  at  Livingston. 

The  counties  of  Lincoln  and  Giles  shall  compose  one  district;  and 
the  polls  shall  be  compared  at  the  house  of  John  Kennedy. 

The  counties  of  Smith  and  Summer  shall  compose  one  district ;  and 
the  polls  shall  be  compared  at  Hartsville. 

The  county  of  Bedford  shall  compose  one  district ;  and  the  polls  shall 
be  compared  at  Shelby ville. 

The  county  of  Maury  shall  compose  one  district ;  and  the  polls  shall 
be  compared  in  Columbia. 

The  county  of  Rutherford  shall  compose  one  district ;  and  the  polls 
shall  be  compared  in  Murfreesborough. 

The  county  of  Davidson  shall  compose  one  district ;  and  the  polla 
shall  be  compared  in  the  city  of  Nashville. 

The  county  of  Williamson  shall  compose  one  district;  and  the  polls 
shall  be  compared  in  the  town  of  Franklin. 

The  counties  of  Lawrence,  Wayne  and  Hickman,  shall  compose  one 
district ;  and  the  polls  shall  be  compared  at  Catron  and  Napier's  Furnace. 

The  counties  of  Dickson,  Stewart  and  Humphreys,  shall  compose  one 
district ;  and  the  polls  shall  be  compared  at  Simmons'  old  place  on  Yel- 
low Creek. 

The  counties  of  Robertson  and  Montgomery  shall  compose  one  dis- 
trict; and  the  polls  shall  be  compared  at  Port  Royal. 

The  county  of  Wilson  shall  compose  one  district ;  and  the  polls  shall 
be  compared  in  Lebanon. 

The  counties  of  Hardeman,  Fayette  and  Shelby,  shall  compose  one 
district ;  and  the  polls  shall  be  compared  in  Sommerville. 

The  counties  of  Madison,  Haywood  and  Tipton,  shall  compose  one 
district;  and  the  polls  shall  be  compared  in  Brownsville. 

The  counties  of  Carroll,  Gibson  and  Dyer,  shall  compose  one  district 
and  the  polls  shall  be  compared  in  Trenton. 


260  CONSTITUTION    OF 

The  counties  of  Henry,  Weakley  and  Obion,  shall  compose  one  dis- 
trict ;  and  the  polls  shall  be  compared  in  Dresden. 

The  counties  of  Henderson,  Perry,  M'Nairy  and  Hardin,  shall  com- 
pose one  district ;  and  the  polls  shall  be  compared  at  the  house  of  James 
Wright,  in  Hardin  county. 

And  until  said  enumeration  and  apportionment  of  one  thousand  eight 
hundred  and  forty-one,  the  counties  of  Carter,  Sullivan,  Washington, 
Greene,  Hawkins,  Cocke,  Sevier,  Jefferson,  Blount,  Grainger,  Claiborne, 
Knox,  Roane,  Monroe,  M'Minn,  Rhea  and  Bledsoe,  shall  each  elect  one 
representative  ;  and  the  polls  shall  be  compared  at  their  respective  court- 
houses. 

The  counties  of  Sullivan  and  Hawkins  shall  jointly  elect  one  repre- 
sentative ;  and  shall  compare  the  polls  at  Kingsport. 

The  counties  of  Greene  and  Washington  shall  jointly  el»ct  one 
representative ;  and  the  polls  shall  be  compared  at  the  house  of  Joshua 
Royston,  Esq. 

The  counties  of  Knox  and  Roane  shall  jointly  elect  one  representative ; 
and  the  polls  shall  be  compared  at  Campbell's  station. 

The  counties  of  Monroe  and  M'Minn  shall  jointly  elect  one  represen- 
tative, and  the  polls  shall  be  compared  at  Athens. 

The  counties  of  Campbell,  Anderson  and  Morgan,  shall  jointly  elect 
two  representatives ;  and  the  polls  shall  be  compared  at  the  house  of 
James  Ross,  Esq.,  in  Anderson  county. 

The  counties  of  Marion  and  Hamilton  shall  jointly  elect  one  repre- 
sentative :  and  the  polls  shall  be  compared  at  Dallas. 

The  counties  of  Warren,  Franklin,  Bedford,  Lincoln,  Giles,  Maury, 
Rutherford,  Williamson,  Davidson,  Wilson,  Smith  and  Sumner,  shall 
each  elect  two  representatives ;  and  the  polls  shall  be  compared  at  their 
respective  court-houses. 

The  counties  of  Lawrence,  Wayne,  Hickman,  Dickson,  Humphreys, 
Montgomery,  Stewart,  Robertson,  Overton,  Jackson,  Fentress,  White, 
Hardin,  McNairy,  Hardeman,  Fayette,  Shelby,  Perry,  Henderson,  Madi- 
son, Haywood,  Tipton,  Carroll,  Gibson,  Henry  and  Weakley,  shall  each 
elect  one  representative ;  and  the  polls  shall  be  compared  at  their  re- 
spective  court-houses. 

The  counties  of  Obion  and  Dyer  shall  jointly  elect  one  representative ; 
and  the  polls  shall  be  compared  at  the  house  of  William  Terrel,  Esq.,  in 
Dyer  county. 

The  returns  of  the  elections  for  representatives,  shall  be  made  at  the 
several  places  herein  pointed  out,  on  the  first  Saturday  succeeding  the 
day  of  election. 

WILLIAM  B.  CARTER,  Presiderit. 

Attest,  William  K.  Hill,  Secretary, 


OHIO.  261 

CONSTITUTION  OF  OHIO 


Done  in  Convention,  begun  and  held  at  Chillicothe,  on  JVIonday,  the 
ist  of  J\'ove7nber.,  A.  D.  1802,  and  of  the  independence  of  the  Uni» 
ted  States  the  27th. 

We,  the  people  of  the  eastern  division  of  the  territory  of  the  United 
States  northwest  of  the  river  Ohio,  having  the  right  of  admission  into 
the  general  government,  as  a  member  of  the  Union  consistent  with  the 
constitution  of  the  United  States,  the  ordinance  of  congress  of  one  thou- 
sand seven  hundred  and  eighty-seven,  and  the  law  of  congress,  entitled 
"  An  act  to  enable  the  people  of  the  eastern  division  of  the  territory  of 
the  United  States,  northwest  of  the  river  Ohio,  to  form  a  constitution  and 
state  government,  and  for  the  admission  of  such  state  into*  the  Union,  on 
an  equal  footing  with  the  original  states,  and  for  other  purposes  ;"  in 
order  to  establish  justice,  promote  the  welfare,  and  secure  the  blessings  of 
liberty  to  ourselves  and  our  posterity,  do  ordain  and  establish  the  follow- 
ing constitution  or  form  of  government,  and  do  mutually  agree  with 
each  other  to  form  ourselves  into  a  free  and  independent  state,  by  the 
name  of  The  State  of  Ohio. 


§  1.  The  legislative  authority  of  this  state  shall  be  vested  in  a  gene- 
ral assembly,  which  shall  consist  of  a  senate  and  house  of  representa- 
tives, both  to  l»e  elected  by  the  people. 

2.  Within  one  year  after  the  first  meeting  of  the  general  assembly, 
and  within  every  subsequent  term  of  four  years,  an  enumeration  of  all  the 
white  male  inhabitants  above  twenty-one  years  of  age  shall  be  made,  in 
such  manner  as  shall  be  directed  by  law.  The  number  of  representa- 
tives shall,  at  the  several  periods  of  making  such  enumeration,  be  fixed 
by  the  legislature,  and  apportioned  among  the  several  counties,  accord- 
ing to  the  number  of  white  male  inhabitants  of  above  twenty-one  years 
of  age  in  each  ;  and  shall  never  be  less  than  twenty-four  nor  greater  than 
thirty-six,  until  the  number  of  white  male  inhabitants  of  above  twenty- 
one  years  of  age  shall  be  twenty-two  thousand  ;  and  after  that  event,  at 
6uch  ratio  that  the  whole  number  of  representatives  shall  never  be  less 
than  thirty-six,  nor  exceed  seventy-two. 

3.  The  representatives  shall  be  chosen  annually,  by  the  citizens  of 
each  county  respectively,  on  the  second  Tuesday  of  October. 

4.  No  person  shall  be  a  representative  who  shall  not  have  attained  the 
age  of  twenty-five  years,  and  be  a  citizen  of  the  United  States,  and  an 
inhabitant  of  this  state  ;  shall  also  have  resided  within  the  limits  of  the 
county  in  which  he  shall  be  chosen,  one  year  next  preceding  his  elec- 
tion, unless  he  shall  have  been  absent  on  the  pubUc  business  of  the  Uni- 
ted States,  or  of  this  state,  and  shall  have  paid  a  state  or  county  tax. 

5.  The  senators  shall  be  chosen  biennially,  by  qualified  voters  for  re- 
presentatives ;  and,  on  their  being  convened  in  consequence  of  the  first 
election,  they  shall  be  divided  by  lot  from  their  respective  counties  oi 
districts,  as  near  as  can  be,  into  two  classes ;  the  seats  of  the  senators  of 


262  CONSTITUTIOr\    OF 

the  first  class  shall  be  vacated  at  the  expiration  of  the  first  year,  and  of 
the  second  class  at  the  expiration  of  the  second  year ;  so  that  one-half 
thereof,  as  near  as  possible,  may  be  chosen  annually^  for  ever  thereafter. 

6.  The  number  of  senators  shall,  at  the  several  periods  of  making  the 
enumeration  before  mentioned,  be  fixed  by  the  legislature  and  apportion 
etl  among  the  several  counties  or  districts  to  be  established  by  law,  ac- 
cording to  the  number  of  white  male  inhabitants  of  the  age  of  twenty- 
one  years  in  each,  and  shall  never  be  less  than  one-third  nor  more  than 
o  le-half  of  the  number  of  representatives. 

7.  No  person  shall  be  a  senator  who  has  not  arrived  at  the  age  of 
thirty  years,  and  is  a  citizen  of  the  United  States  ;  shall  have  resided  two 
years  in  the  district  or  county  immediately  preceding  the  election,  unless 
he  shall  have  been  absent  on  the  public  business  of  the  United  States, 
or  of  this  state,  and  shall  moreover  have  paid  a  state  or  county  tax. 

8.  The  senate  and  house  of  representatives,  when  assembled,  shall 
each  choose  a  speaker  and  its  other  officers,  be  judges  of  the  qualifica- 
tions and  elections  of  its  members,  and  sit  upon  its  own  adjournments  ; 
two-thirds  of  each  house  shall  constitute  a  quorum  to  do  business,  but  a 
smaller  number  may  adjourn  from  day  to  day,  and  compel  the  attend- 
ance of  absent  members. 

9.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  publish 
them.  The  yeas  and  nays  of  the  members,  on  any  question,  shall,  at  the 
desire  of  any  two  of  them,  be  entered  on  the  journals. 

10.  Any  two  members  of  either  house  shall  have  liberty  to  dissent 
from  and  protest  against  any  act  or  resolution  which  they  may  think  in- 
jurious to  the  public  or  any  individual,  and  have  the  reasons  of  their  dis- 
sent entered  on  the  journals. 

11.  Each  house  may  determine  the  rules  of  its  proceedings,  punish 
its  members  for  disorderly  behaviour,  and  with  the  concurrence  of  two- 
thirds,  expel  a  member,  but  not  a  second  time  for  the  same  cause ;  and 
shall  have  all  other  powers  necessary  for  a  branch  of  the  legislature  of 
a  free  and  independent  state. 

12.  When  vacancies  happen  in  either  house,  the  governor  or  the  per- 
son exercising  the  power  of  the  governor  shall  issue  writs  of  election  to 
fill  such  vacancies. 

13.  Senators  and  representatives  shall,  in  all  cases,  except  treason, 
felony,  or  breach  of  the  peace,  be  privileged  from  arrest  during  the  ses- 
sion of  the  general  assembly,  and  in  going  to  and  returning  from  the 
same  ;  and  for  any  speech  or  debate,  in  either  house,  they  shall  not  be 
questioned  in  any  other  place. 

14.  Each  house  may  punish,  by  imprisonment,  during  their  session, 
any  person,  not  a  member,  who  shall  be  guilty  of  disrespect  to  the  house, 
Dy  any  disorderly  or  contemptuous  behaviour  in  their  presence :  provided 
such  imprisonment  shall  not,  at  any  one  time,  exceed  twenty-four  hours. 

15.  The  doors  of  each  house,  and  of  committees  of  the  whole,  shall 
be  kept  open,  except  in  such  cases  as,  in  the  opinion  of  the  house, 
require  secrecy.  Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  two  days,  nor  to  any  other  place  than  that  in 
which  the  two  houses  shall  be  sitting. 

16.  Bills  may  originate  in  either  house,  but  may  be  altered,  amended, 
or  T'=jected  by  the  other. 

17.  Every  bill  shall  be  read  on  three  dififcrent  days,  in   each  hous^ 


OHIO.  263 

unle&s,  in  case  of  urgency,  three-fourths  of  the  house  where  such  bill  is 
so  depending  shall  deem  it  expedient  to  dispense  with  this  rule  ;  and 
every  bill  having  passed  both  houses,  shall  be  signed  by  the  speakers  of 
their  respective  Ivouses. 

18.  The  style  of  the  laws  of  this  state  shall  be,  "  Be  it  enacted  by  the 
general  assemblij^of  the  sti.te  of  Ohio." 

19.  The  legislature  of  this  state  shall  not  allow  the  following  officers 
of  government  greater  annual  salaries  than  as  follows,  until  the  year  one 
thousand,  eight  hundred  and  eight,  to  wit;  the  governor  not  more  than 
one  thousand  dollars  ;  the  judges  of  the  supreme  court  not  more  than  one 
thousand  dollars  each  ;  the  presidents  of  the  courts  of  common  pleas  not 
more  than  eight  hundred  dollars  each ;  the  secretary  of  state  not  more 
than  five  hundred  dollars  ;  the  auditor  of  public  accounts  not  more  than 
seven  hundred  and  fifty  dollars  ;  the  ti-easurer  not  more  than  four  hun- 
dred and  fifty  dollars ;  no  member  of  the  legislature  shall  receive  more 
than  two  dollars  per  day  during  his  attendance  on  the  legislature,  nor 
more  for  every  twenty-five  miles  he  shall  travel  in  going  to  and  return- 
ing from  the  general  assembly. 

20.  No  senator  or  representative  shall,  during  the  time  for  which  he 
shall  have  been  elected,  be  appointed  to  any  civil  office  under  this  state, 
which  shall  have  been  created,  or  the  emoluments  of  which  shall  have 
been  increased,  during  such  time. 

21.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence 
of  appropriations  made  by  law. 

22.  An  accurate  statement  of  the  receipts  and  expenditures  of  the  pub- 
lic moneys  shall  be  attached  to  and  published  with  the  laws,  annually. 

23.  I'he  house  of  representatives  shall  have  the  sole  power  of  im- 
peaching, but  a  majority  of  all  the  members  must  concur  in  an  impeach- 
ment. All  impeachments  shall  be  tried  by  the  senate,  and  when  sitting 
for  that  purpose,  they  shall  be  on  oath  or  affirmation  to  do  justice  accord- 
ing to  law  and  evidence  ;  no  person  shall  be  convicted  without  the  con- 
currence of  two-thirds  of  all  the  senators. 

.^  24.  The  governor  and  all  other  civil  officers  under  this  state  shall  be 
liable  to  impeachment  for  any  misdemeanour  in  office  ;  but  judgment,  in 
such  cases,  shall  not  extend  further  than  removal  from  office,  and  dis- 
qualification to  hold  any  office  of  honour,  profit,  or  trust,  under  this  state. 
The  party,  whether  convicted  or  acquitted,  shall,  nevertheless,  be  liable 
to  indictment,  trial,  judgment,  and  punishment,  according  to  law. 

25.  The  first  session  of  the  general  assembly  shall  commence  on  the 
first  Tuesday  of  March  next ;  and  for  ever  after  the  general  assembly 
shall  meet  on  the  first  Monday  in  December  in  evei-y  year,  and  at  no 
other  period,  unless  directed  by  law,  or  provided  for  by  this  constitution. 

26.  No  judge  of  any  court  of  law  or  equity,  secretary  of  state,  attorney- 
general,  register,  clerk  of  any  court  of  record,  sheriff  or  collector,  member 
of  either  house  of  congress,  or  person  holding  any  lucrative  office  under 
the  United  States,  or  this  state,  provided  that  the  appointments  in  the 
militia,  or  justices  of  the  peace,  shall  not  be  considered  lucrative  offices, 
shall  be  eligible  as  a  candidate  for,  or  have  a  seat  in,  the  general  as- 
sembly. 

27.  No  person  shall  be  appointed  to  any  office  within  any  county  who 
shall  not  have  been  a  citizen  and  inhabitant  therein  one  year  next  be- 
fore his  appomtment,  if  the  comity  shall  have  been  so  long  erected ;  but 


^64  CONSTITUTION    OF 

if  the  county  shall  not  have  been  so  long  erected,  then  within  the  limits 
of  the  county  or  counties  out  of  which  it  shall  have  been  taken. 

28.  No  person  who  heretofore  hath  been,  or  hereafter  may  be,  a  col- 
lector or  holder  of  the  public  moneys,  shall  have  a  seat  in  cither  house 
of  the  general  assembly,  until  such  person  shall  have  accounted  for  and 
paid  into  the  treasury  all  sums  for  which  he  may  be  accountable  or 
liable. 

ARTICLE  2. 

§  1.  The  supreme  execxitive  power  of  this  state  shall  be  vested  in  a 
governor. 

2.  The  governor  shall  be  chosen  by  the  electors  of  the  memuers  of 
the  general  assembly,  on  the  second  Tuesday  of  October,  at  the  same 
places  and  in  the  same  manner  that  they  shall  respectively  vote  for  mem- 
bers thereof.  The  returns  of  every  election  for  governor  shall  be  sealed 
up  and  transmitted  to  the  seat  of  government,  by  the  returning  officers, 
directed  to  the  speaker  of  the  senate,  who  shall  open  and  publish  them 
in  the  presence  of  a  majority  of  the  members  of  each  house  of  the  gene- 
ral assembly  ;  the  person  having  the  highest  number  of  votes  shall  be 
governor  :  but  if  two  or  more  shall  be  equal  and  highest  in  votes,  then 
one  of  them  shall  be  chosen  governor  by  joint  ballot  of  both  houses  of 
the  general  assembly.  Contested  elections  for  governor  shall  be  deter- 
mined by  both  houses  of  the  general  assembly,  in  such  manner  as  shall 
be  prescribed  by  law. 

3.  The  first  governor  shall  hold  his  office  until  the  first  Monday  of 
September,  one  thousand  eight  hundred  and  five,  and  until  another 
governor  shall  be  elected  and  qualified  to  office  ;  and  for  ever  after,  the 
governor  shall  hold  his  office  for  the  term  of  two  years,  and  until  an- 
other governor  shall  be  elected  and  qualified  ;  but  he  shall  not  be  eligible 
more  than  six  years  in  any  term  of  eight  years.  He  shall  be  at  least 
thirty  years  of  age,  and  have  been  a  citizen  of  the  United  States  twelve 
years,  and  an  inhabitant  of  tliis  state  four  years  next  preceding  his  elec- 
tion. 

4.  He  shall,  from  time  to  time,  give  to  the  general  assembly  informa- 
tion of  the  state  of  the  government,  and  recommend  to  their  consideration 
such  measures  as  he  shall  deem  expedient. 

5.  He  shall  have  the  power  to  grant  reprieves  and  pardons,  after  con- 
viction, except  in  cases  of  impeachment. 

6.  The  governor  shall,  at  stated  times,  receive  for  his  services  a  com- 
pensation, which  shall  neither  be  increased  nor  diminished  during  the 
term  for  which  he  shall  have  been  elected. 

7.  He  may  require  information,  in  writing,  from  the  officers  in  the 
executive  department,  upon  any  subject  relating  to  the  duties  of  (fheii 
respective  offices,  and  shall  take  care  that  the  laws  be  faithfully  executed. 

8.  When  an  officer,  the  right  of  whose  appointment  is,  by  this  con- 
stitution, vested  in  the  general  assembly,  shall,  during  the  recess,  die,  or 
his  oflice  by  any  means  become  vacant,  the  governor  shall  have  power 
to  fill  such  vacancy,  by  granting  a  commission,  which  shall  expire  at  the 
end  of  the  next  session  of  the  legislature. 

9.  He  may,  on  extraordinary  occasions,  convene  the  general  assembly 
by  proclamation,  and  shall  state  to  them,  when  assembled,  the  purpose 
for  which  they  shall  have  been  convened.        , 


OHIO.  2G5 

10.  He  shall  be  commander-in-chief  of  the  army  and  navy  of  this 
«!r.ate,  and  of  the  militia,  except  when  they  shall  be  called  into  the  service 
of  tlie  United  States. 

11.  In  cases  of  disagreement  between  the  two  houses,  with  respect  to 
!,he  time  of  adjournment,  the  governor  shall  have  the  power  to  adjourn 
the  general  assembly  to  such  time  as  he  thinks  proper,  provided  it  be  not 
a  period  beyond  the  annual  meeting  of  the  legislature. 

12.  In  case  of  the  death,  iinpeachnicnt,  resignation,  or  the  removal  of 
the  governor  from  oHice,  the  speaker  of  the  senate  shall  exercise  the 
office  of  governor  until  he  be  acquitted,  or  another  governor  shall  be  duly 
qualified.  In  ame  of  impeachment  of  the  speaker  of  the  senate,  or  his 
death,  removal  from  office,  resignation,  or  absence  from  the  state,  the 
speaker  of  the  house  of  representatives  shall  succeed  to  the  oflice,  and 
exercise  the  duties  thereof,  until  a  governor  shall  be  elected  and  qualified. 

13.  No  member  of  congress,  or  person  holding  any  office  under  the 
United  States,  or  this  state,  shall  execute  the  office  of  governor. 

14.  There  shall  be  a  seal  of  the  state,  which  shall  be  kept  by  the 
governor,  and  used  by  him  officially,  and  shall  be  called  the  great  seal  of 
the  state  of  Ohio. 

15.  All  grants  and  commissions  shall  be  in  the  name  and  by  the  au- 
thority of  the  state  of  Ohio,  sealed  with  the  seal,  signed  by  the  gover- 
nor, and  countersigned  by  the  secretary. 

16.  A  secretary  of  state  shall  be  appointed  by  a  joint  ballot  of  the 
senate  and  house  of  representatives,  who  shall  continue  in  office  three 
years,  if  he  shall  so  long  behave  himself  well.  He  shall  keep  a  fair 
register  of  all  the  ofhcial  acts  and  proceedings  of  the  governor  ;  and  shall, 
when  required,  lay  the  same,  and  all  papers,  minutes,  and  vouchers,  rela- 
tive thereto,  before  either  branch  of  the  legislature,  and  shall  perform  such 
other  duties  as  shall  be  assigned  him  by  law. 

articlj:  3. 

§  1.  The  judicial  power  of  this  state,  both  as  to  matters  of  law  and 
equity,  shall  be  vested  in  a  supreme  court,  in  courts  of  common  pleas  for 
each  county,  in  justices  of  the  peace,  and  in  such  other  courts  as  the  legis- 
lature may  from  time  to  time  establish. 

2.  The  supreme  court  shall  consist  of  three  judges,  any  two  of  whom 
shall  be  a  quorum.  They  shall  have  original  and  appellate  jurisdiction, 
both  in  common  law  and  chancery,  m  such  cases  as  shall  be  directed  by 
law  :  provided,  that  nothing  herein  contained  shall  prevent  the  general 
assembly  from  adding  another  judge  to  the  supreme  court  after  the  term 
of  five  years,  in  which  case  the  judges  may  divide  the  state  into  two 
circuits,  within  which  any  two  of  the  judges  may  hold  a  court. 

3.  The  several  courts  of  common  pleas  shall  consist  of  a  president 
and  associate  judges.  The  state  shall  be  divided  by  law  into  three  cir- 
cuits :  there  shall  be  appointed  in  each  circuit  a  president  of  the  courts, 
who,  during  his  continuance  in  office,  shall  reside  therein.  There  shall 
be  appointed  in  each  county  not  more  than  three  nor  less  than  two  as- 
sociate judges,  who,  during  their  continuance  in  office,  shall  reside  there- 
in. The  president  and  associate  judges,  in  their  respective  counties,  any 
three  of  whom  shall  be  a  quorum,  shall  compose  the  court  of  common 
pleas,  which  court  shall  have  common  law  and  chancery  jurisdiction,  in 
all  such  cases  as  shall  be  directed  by  law ;  provided,  that  nothing  herein 


266  CONSTITUTION    OF 

contained  shall  be  construed  to  prevent  the  legislature  from  increasing 
the  number  of  circuits  and  presidents  after  the  term  of  five  years. 

4.  The  judges  of  the  supreme  court  and  court  of  common  pleas,  shall 
have  complete  criminal  jurisdiction  in  such  cases  and  in  such  manner  as 
m.iy  be  pointed  out  by  law^. 

5.  The  court  of  common  pleas  in  each  county  shall  have  jurisdiction 
of  all  probate  and  testamentary  matters,  granting  administration,  and 
the  appointment  of  guardians,  and  such  other  cases  as  shall  be  prescribed 
by  law^. 

6.  The  judges  of  the  court  of  common  pleas  shall,  within  their  respec- 
tive counties,  have  the  same  powers  with  the  judges  of  the  supreme 
court,  to  issue  writs  of  certiorari  to  the  justices  of  the  peace,  and  cause 
their  proceedings  to  be  brought  before  them,  and  the  like  right  and  jus- 
tice to  be  done. 

7.  The  judges  of  the  supreme  court  shall,  by  virtue  of  their  offices,  be 
conservators  of  the  peace  throughout  the  state.  The  presidents  of  the 
court  of  common  pleas  shall,  by  virtue  of  their  offices,  be  conservators 
of  the  peace  in  their  respective  circuits,  and  the  judges  of  the  court  of 
common  pleas  shall,  by  virtue  of  their  offices,  be  conservators  of  the  peace 
in  their  respective  counties. 

8.  The  judges  of  the  supreme  court,  the  presidents,  and  the  associate 
judges  of  the  courts  of  common  pleas,  shall  be  appointed  by  a  joint  bal- 
lot of  both  houses  of  the  general  assembly,  and  shall  hold  their  offices  foi 
the  term  of  seven  years,  if  so  long  they  behave  well.  The  judges  of  the 
supreme  court,  and  the  presidents  of  the  courts  of  common  pleas,  shall, 
at  stated  times,  receive  for  their  services  an  adequate  compensation,  to 
be  fixed  by  law,  which  shall  not  be  diminished  during  their  continuance 
in  office  ;  but  they  shall  receive  no  fees  or  perquisites  of  office,  nor  hold 
any  other  office  of  profit  or  trust  under  the  authority  of  this  state  or  the 
United  States. 

9.  Each  court  shall  appoint  its  own  clerk,  for  the  term  of  seven  years  ; 
but  no  person  shall  be  appointed  clerk,  except  pro  tempore,  who  shall 
not  produce  to  the  court  appointing  him  a  certificate  from  a  majority  of 
the  judges  of  the  supreme  court,  that  they  judge  him  to  be  well  qualified 
to  execute  the  duties  of  the  office  of  clerk  to  any  court  of  the  same 
dignity  with  that  for  which  he  offers  himself.  They  shall  be  removable 
for  breach  of  good  behaviour,  at  any  time,  by  the  judges  of  the  respective 
courts. 

10.  The  supreme  court  shall  be  held  once  a  year,  in  each  county  ; 
and  the  courts  of  common  pleas  shall  be  holden  in  each  county  at  such 
times  and  places  as  shall  be  prescribed  by  law. 

1 1.  A  competent  number  of  justices  of  the  peace  shall  be  elected  by 
the  qualified  electors  in  each  township  in  the  several  counties,  and  shall 
continue  in  office  three  years ;  whose  powers  and  duties  shall  from  time 
to  time  be  regulated  and  defined  by  law. 

12.  The  style  of  all  process  shall  be,  The  state  of  Ohio  ;  and  all  prose- 
cutions shall  be  carried  on  in  the  name  and  by  the  authority  of  the  state 
of  Ohio ;  and  all  indictments  shall  conclude  against  the  peace  and  digj 
nity  of  the  same. 


O  U  I  ().  267 

AKTICLE  4. 

^  1.  In  all  elections,  all  white  male  inhabitants,  above  tne  age  of 
twenty-one  years,  having  resided  in  the  state  one  year  next  preceding 
the  election,  and  who  have  paid,  or  are  charged  with,  a  state  or  county 
tax,  shall  enjoy  the  right  of  an  elector  ;  but  no  person  shall  be  entitled  to 
votf>,  except  in  the  county  or  district  in  which  he  shall  actually  reside 
at  the  time  of  the  election. 

".  All  elections  shall  be  by  ballot. 

3.  Electors  shall,  in  all  cases  except  treason,  felony,  or  breach  of  the 
peace,  be  privileged  from  arrest  during  their  attendance  at  elections,  and 
in  going  to  and  returning  from  them. 

4.  The  legislature  shall  have  full  power  to  exclude  from  the  privilege 
of  electing,  or  being  elected,  any  person  convicted  of  bribery,  perjury,  or 
any  other  infamous  crime. 

5.  Nothing  contained  in  this  article  shall  be  so  construed  as  to  pre- 
vent white  male  persons,  above  the  age  of  twenty-one  years,  who  are 
compelled  to  labour  on  the  roads  of  their  respective  townships  or  coun- 
ties, who  have  resided  one  year  in  the  state,  from  having  the  right  of  an 
elector. 

ARTICLE  5. 

§  1.  Captains  and  subalterns  in  the  militia  shall  be  elected  by  those 
persons  in  their  respective  company  districts  subject  to  military  duty. 

2.  Majors  shall  be  elected  by  the  captains  and  subalterns  of  the  bat- 
talion. 

3.  Colonels  shall  be  elected  by  the  majors,  captains,  and  subalterns 
of  the  regiment. 

4.  Brigadiers-general  shall  be  elected  by  the  commissioned  officers  of 
their  respective  brigades. 

5.  Majors-general  and  quarter-masters-general  shall  be  appointed  by 
joint  ballot  of  both  houses  of  the  legislature. 

6.  The  governor  shall  appoint  the  adjutant-general.  The  majors- 
general  shall  appoint  their  aids,  and  other  division  officers.  The  briga- 
diers their  majors  ;  the  brigade-majors  their  staff  officers  ;  commanders 
of  regiments  shall  appoint  their  adjutants,  quarter-masters,  and  other  regi- 
mental staff  officers ;  and  the  captains  and  subalterns  shall  appoint  their 
non-commissioned  officers  and  musicians. 

7.  The  captains  and  subalterns  of  the  artillery  and  cavalry  shall  be 
elected  by  the  persons  enrolled  in  their  respective  corps,  and  the  majors 
and  colonels  shall  be  appointed  in  such  manner  as  shall  be  directed  by 
iaw.  The  colonels  shall  appoint  their  regimental  staff,  and  the  captains 
and  subalterns  their  non-commissioned  officers  and  musicians. 

ARTICLE    6 

§  1.  There  shall  be  elected  in  each  county  one  sheriff  and  one  coro- 
ner, by  the  citizens  thereof  who  are  qualified  to  vote  for  members  of  the 
assembly  :  they  shall  be  elected  at  the  time  and  place  of  holding  elec- 
tions for  members  of  assembly  ;  they  shall  continue  in  office  two  years 
;f  they  shall  so  long  behave  well,  and  until  successors  be  chosen  and 
duly  qualified  :  provided,  that  no  person  shall  be  eligible  as  sheriff  for  a 
longer  term  than  four  years  in  any  term  of  six  years. 


268  CONSTITUTION   OF 

2.  The  state  treasurer  ana  auditor  shall  be  trienuially  appointed,  by  a 
joint  ballot  of  both  housca  of  the  legislature. 

3.  All  town  and  township  officers  shall  bo  chosen  annually,  by  the 
inhabitants  thereof  duly  qualified  to  vote  for  members  of  the  assembly, 
at  such  time  and  place  as  may  be  directed  by  law. 

4.  The  appointment  of  all  civil  oflicers,  not  otherwise  directed  by 
this  constitution,  shall  be  made  in  such  manner  as  may  be  directed  by 
law. 

ARTICLE  7. 

§  1.  Every  person  who  shall  be  chosen  or  appointed  to  any  office  of 
trust  or  prolit  under  the  authority  of  the  state,  shall,  before  entering  on 
the  execution  thereof,  take  an  oath  or  affirmation  to  support  the  consti- 
tution of  the  United  States  and  this  state,  and  also  an  oath  of  office. 

2.  Any  elector  who  shall  receive  any  gift  or  rew^ard  for  his  vote,  in 
meat,  drink,  money,  or  otherwise,  shall  sufler  such  punishment  as  the 
law  shall  direct ;  and  any  person  who  shall  directly  or  indirectly  give, 
promise,  or  bestow  any  such  reward  to  be  elected,  shall  thereby  be 
rendered  incapable  for  two  years  to  serve  in  the  office  for  which  he  was 
elected,  and  be  subject  to  such  other  punishment  as  shall  be  directed  by 
law. 

3.  No  new  county  shall  be  established  by  the  general  assembly  which 
shall  reduce  the  county  or  counties,  or  either  of  them,  from  which  it 
shall  be  taken,  to  less  contents  than  four  hundred  square  miles,  nor  shall 
any  county  be  laid  off  of  less  contents.  Every  new  county,  as  to  the 
right  of  suffrage  and  representation,  shall  be  considered  as  a  part  of  the 
county  or  counties  from  which  it  was  taken  until  entitled  by  numbers 
to  the  right  of  representation. 

4.  Chillicothe  shall  be  the  seat  of  government  until  the  year  one 
thousand  eight  hundred  and  eight.  No  money  shall  be  raised  until  the 
year  one  thousand  eight  hundred  and  nine,  by  the  legislature  of  this 
state,  for  the  purpose  of  erecting  public  buildings  for  the  accommodation 
of  the  legislature. 

5.  That,  after  the  year  one  thousand  eight  hundred  and  six,  whenever 
two-thirds  of  the  general  assembly  shall  think  it  necessary  to  amend  or 
change  this  constitution,  they  shall  recommend  to  the  electors,  at  the 
next  election  for  members  to  the  general  assembly,  to  vote  for  or  against 
a  convention  ;  and  if  it  shall  appear  that  a  majority  of  the  citizens  ot 
the  state,  voting  for  representatives,  have  voted  for  a  convention,  the 
general  assembly  shall,  at  their  next  session,  call  a  convention,  to  consist 
of  as  many  members  as  there  may  be  in  the  general  assembly,  to  be 
chosen  in  the  same  manner,  at  the  same  places,  and  by  the  same  elec- 
tors that  choose  the  general  assembly,  who  shall  meet  within  three 
months  after  the  said  election,  for  the  purpose  of  revising,  amending,  or 
changing  the  constitution.  But  no  alteration  of  this  constitution  shall 
ever  take  place,  so  as  to  introduce  slavery  or  involuntary  servitude  into 
this  state. 

6.  That  the  limits  and  boundaries  of  this  state  be  ascertained,  it  is 
declared,  that  they  are  as  hereafter  mentioned — that  is  to  say,  bounded 
on  the  east  by  the  Pennsylvania  line,  on  the  soutli  by  the  Ohio  river,  to 
the  mouth  of  the  great  Miami  river  :  on  the  west  by  the  line  drawn  duo 
north  from  the  mouth  of  the  Great  Miami  aforesaid ;  and  ou   the  north 


OHIO.  269 

by  an  east  and  west  line,  drawn  through  the  southerly  extreme  of  Lake 
Michigan,  running  east,  after  intersecting  the  due  north  Hne  aforesaid, 
from  the  mouth  of  the  great  Miami,  until  it  shall  intersect  Lake  Erie, 
or  the  territorial  line,  and  thence  with  the  same  through  Lake  Erie  to 
he  Pennsylvania  line  aforesaid  :  Provided,  always,  and  it  is  hereby  fully 
understood  and  declared  by  this  convention,  that  if  the  southerly  bend 
or  extreme  of  Lake  Michigan  should  extend  so  far  south,  that  a  line 
drawn  due  east  from  it  should  not  intersect  Lake  Erie,  or  if  it  should 
intersect  the  said  Lake  Erie  east  of  the  mouth  of  the  Miami  river  of  the 
Lake,  then,  and  in  that  case,  with  the  assent  of  the  congress  of  the 
United  States,  the  northern  boundary  of  this  state  shall  be  established 
by,  and  extended  to  a  direct  line,  runnmg  from  the  southern  extremity 
of  Lake  Michigan,  to  the  most  northerly  cape  of  the  Miami  Bay,  after 
intersecting  tlie  due  north  line  from  the  mouth  of  the  Great  Miami  river 
as  aforesaid,  thence  north-east  to  the  territorial,  and  by  the  said  territo- 
rial line  to  the  Pennsylvania  line. 

ARTICLE  8. 

That  the  general,  great,  and  essential  principles  of  liberty  and  free 
government  may  be  recognised,  and  for  ever  unalterably  established,  we 
declare, 

§  1.  That  all  men  are  born  equally  free  and  independent,  and  have 
certain  natural,  inherent,  and  unalienable  rights,  amongst  which  are  the 
enjoying  and  defending  life  and  liberty,  acquiring,  possessing,  and  pro- 
tecting property,  and  pursuing  and  obtaining  happiness  and  safety  ;  and 
every  free  republican  government,  being  founded  on  their  sole  authority, 
and  organized  for  the  purpose  of  protecting  their  liberties,  and  securing 
their  independence — to  elfect  these  ends  they  have  at  all  times  a  com- 
plete power  to  alter,  reform,  or  abolish  their  government,  whenever  they 
may  deem  it  necessary. 

2.  There  shall  be  neither  slavery  nor  involuntary  ser\'itude  in  this 
state,  otherwise  than  for  the  punishment  of  crimes,  whereof  the  party 
shall  have  been  duly  convicted ;  nor  shall  any  male  person,  arrived  at 
the  age  of  twenty-one  years,  nor  female  person,  arrived  at  the  age  of 
eighteen  years,  be  held  to  serve  any  person  as  a  servant  under  pretence 
of  indenture,  or  otherwise,  unless  such  person  shall  enter  into  such  in- 
denture while  in  a  state  of  perfect  freedom,  and  on  condition  of  a  bona 
fide  consideration,  received  or  to  be  received  for  their  service,  except  as 
before  excepted.  Nor  shall  any  indenture  of  any  negro  or  mulatto  here- 
after made  and  executed,  out  of  this  state,  or,  if  made  in  the  state,  where 
the  term  of  service  exceeds  one  year,  be  of  the  least  validity,  except 
those  given  in  the  case  of  apprenticeships. 

3.  That  all  men  have  a  natural  and  indefeasible  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  consciences  ;  that 
no  human  authority  can  in  any  case  whatever  control  or  interfere  with 
the  rights  of  conscience ;  that  no  man  shall  be  compelled  to  attend, 
erect,  or  support  any  place  of  worship,  or  to  maintain  any  ministry, 
against  his  consent;  and  that  no  preference  shall  ever  be  given  by  law 
to  any  religious  society  or  mode  of  worship  :  and  no  religious  test  shall 
be  required  as  a  qualification  to  any  office  of  trust  or  profit.  But  reli- 
gion, morality,  and  knowledge,  being  essentially  necessary  to  the  govern- 
ment, and  the  happiness  of  mankind,  schools,  and  the  means  of  instruc- 

z  2 


270  CONSTITUTION    OF 

tion,  shall  for  ever  Iw  encouraged  by  legislative  provision,  not  inconsistent 
with  the  rights  of  conscience. 

4.  Private  property  ought,  and  shall  ever  be  held  inviolate,  but 
always  subservient  to  the  public  welfare,  provided  a  compensation  i)i 
money  be  made  to  the  owner. 

5.  That  the  people  shall  be  secure  in  their  persons,  houses,  papers, 
and  possessions  from  all  unwarrantable  searches  and  seizures  ;  and  that 
general  warrants,  whereby  an  ofhcer  may  be  commanded  to  search  sus- 
pected places,  without  probable  evidence  of  the  fact  committed,  or  to 
seize  any  person  or  persons  not  named,  whose  oflences  are  not  partir^u- 
larly  described,  and  without  oath  or  aHirmation,  are  dangerous  to  liberty, 
and  shall  not  be  granted. 

6.  That  the  printing  presses  shall  be  open  and  free  to  every  citizen 
who  wishes  to  examine  the  proceedings  of  any  branch  of  government, 
or  the  conduct  of  any  public  officer  ;  and  no  law  shall  ever  restrain  the 
right  thereof.  Every  citizen  has  an  indisputable  right  to  speak,  write, 
or  print  upon  any  subject,  as  he  thinks  proper,  being  liable  for  the  abuse 
of  that  liberty.  In  prosecutions  for  any  publication  respecting  the  OiTicial 
conduct  of  men  in  a  public  capacity,  or  where  the  matter  published  is 
proper  for  public  information,  the  truth  thereof  may  always  be  given  in 
evidence  ;  and  in  all  indictments  for  libels,  the  jury  shall  have  a  right 
to  determine  the  law  and  the  facts,  under  the  direction  of  the  court,  as 
in  other  cases. 

7.  That  all  courts  shall  be  open,  and  every  person,  for  any  injury  done 
him  in  his  lands,  goods,  person,  or  reputation,  shall  have  remedy  by  the 
due  course  of  law  ;  and  right  and  justice  administered  without  denial 
or  delay. 

8.  That  the  right  of  trial  by  jury  shall  be  inviolate. 

9.  That  no  power  of  suspending  the  laws  shall  be  exercised,  unless 
by  the  legislature. 

10.  That  no  person  arrested  or  confined  in  jail  shall  be  treated  with 
unnecessary  rigour,  or  be  put  to  answer  any  criminal  charge,  but  by 
presentment,  indictment,  or  impeachment. 

11.  That  in  all  criminal  prosecutions,  the  accused  hath  a  right  to  be 
heard  by  himself  and  his  counsel,  to  demand  the  nature  and  cause  of 
the  accusation  against  him,  and  to  have  a  copy  thereof;  to  meet  the  wit- 
nesses face  to  face ;  to  have  compulsory  process  for  obtaining  witnesses 
in  his  favour  ;  and,  in  prosecutions  by  indictment  or  presentment,  a 
speedy  public  trial,  by  an  impartial  jury  of  the  county  or  district  in 
which  the  oiTence  shall'have  been  committed,  and  shall  not  be  compelled 
to  give  evidence  against  himself — nor  shall  he  be  twice  put  in  jeopardy 
for  the  same  offence. 

12.  That  all  persons  shall  be  bailable  by  sufficient  stircties  unless  for 
capital  offences,  where  the  proof  is  evident,  or  the  presumption  great, 
and  the  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless  when  in  cases  of  rebellion  or  invasion  the  public  safety  may  re- 
quire it. 

13.  Excessive  bail  shall  not  be  required,  excessive  fines  shall  not  be 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

14.  All  penalties  shall  be  proportioned  to  the  nature  of  the  offence. 
No  wise  legislature  will  affix  the  same  punishments  to  the  crimes  of 
theft,  forgery,  and  the  like,  which  they  do  to  tho^e  of  murder  and  trea 


OHIO.  271 

son.  When  the  same  undistinguished  severity'is  exerted  against  all 
oriences,  the  people  are  led  to  forget  the  real  distinction  in  the  crimes 
themselves,  and  to  commit  the  most  flagrant  with  as  little  compunction 
as  they  do  the  lightest  offences.  For  the  same  reasons,  a  multitude 
of  sanguinary  laws  are  both  impolitic  and  unjust ;  the  true  design  of  all 
punishments  being  to  reform,  not  to  exterminate  mankind. 

15.  The  person  of  a  debtor,  where  there  is  not  strong  presumption  of 
fraud,  shall  not  be  continued  in  prison  after  delivering  up  his  estate  for 
the  benefit  of  his  creditor  or  creditors,  in  such  manner  as  shall  be  pre- 
scribed by  law. 

16.  No  ex  post  facto  law,  nor  any  law  impairing  the  validity  of  con- 
tracts, shall  ever  be  made  ;  and  no  conviction  shall  work  corruption  of 
blood,  or  forfeiture  of  estate. 

17.  That  no  person  shall  be  liable  to  be  transported  out  of  this  state, 
for  any  olTence  committed  within  the  state. 

18.  That  a  frequent  recurrence  to  the  fundamental  principles  of  civil 
government  is  absolutely  necessary  to  preserve  the  blessings  of  liberty. 

1 9.  That  the  people  have  a  right  to  assemble  together,  in  a  peaceable 
manner,  to  consult  for  thtir  common  good,  to  instruct  their  representa- 
tives, and  to  apply  to  the  legislature  for  redress  of  grievances. 

20.  That  the  people  have  a  right  to  bear  arms  for  the  defence  of  them 
selves  and  the  state ;  and  as  standing  armies  in  time  of  peace  are 
dangerous  to  liberty,  they  shall  not  be  kept  up,  and  that  the  military 
shall  be  kept  under  strict  subordination  to  the  civil  power. 

21.  That  no  person  in  this  state,  except  such  as  are  employed  in  the 
army  or  navy  of  the  United  States,  or  militia  in  actual  service,  shall  be 
subject  to  corporeal  punishment  under  the  mihtary  law. 

22.  That  no  soldier  in  time  of  peace  be  quartered  in  any  house  with- 
out the  consent  of  the  owner,  nor  in  time  of  war,  but  in  the  manner 
prescribed  by  law. 

23.  That  the  levying  taxes  by  the  poll  is  grievous  and  oppressive ; 
therefore,  the  legislature  shall  never  levy  a  poll  tax  for  county  or  state 
purposes. 

24.  That  no  hereditary  emoluments,  privileges,  or  honours  shall  ever 
be  granted  or  conferred  by  this  state. 

25.  That  no  law  shall  be  passed  to  prevent  the  poor  in  the  several 
counties  and  townships  within  this  state,  from  an  equal  particnpation  in 
the  schools,  academies,  colleges,  and  universities  within  this  state, 
which  are  endowed,  in  whole  or  in  part,  from  the  revenue  arising  from 
the  donations  made  by  the  United  States  for  the  support  of  schools  and 
colleges  ;  and  the  doors  of  the  said  schools,  academies,  and  universities 
shall  be  open  for  the  reception  of  scholars,  students,  and  teachers  of 
every  grade,  without  any  distinction  or  preference  whatever,  contrary  to 
the  intent  for  which  the  said  donations  were  made. 

26.  That  laws  shall  be  passed  by  the  legislature  which  shall  secure  to 
each  and  every  denomination  of  religious  societies,  in  each  surveyed 
township,  which  now  is,  or  may  hereafter  be,  formed  in  the  state,  an 
equal  participation,  according  to  their  number  of  adherents,  of  the 
profits  arising  from  the  land  granted  by  congress  for  the  support  of  re- 
ligion, agreeably  to  the  ordinance  or  act  of  congress  making  the  appro- 
propriation. 

27.  That  every  association  of  persons,  when  regularly  formed  within 


272  CONSTITUTION    OF 

this  state,  and  having  given  themselves  a  name,  may,  on  application  to 
the  legislature,  be  entitled  to  receive  letters  of  incorporation,  to  enable 
them  to  hold  estates,  real  and  personal,  for  the  support  of  their  schools, 
academies,  colleges,  universities,  and  other  pur|)oses. 

28.  To  guard  against  the  transgression  of  the  high  powers  which 
we  have  delegated,  we  declare,  that  all  powers  not  hereby  delegated  re- 
main with  the  people. 

SCHEDULE. 

§  1.  That  no  evils  or  inconveniences  may  arise  from  the  change  of  a 
territorial  government  to  a  permanent  state  government ;  it  is  declared 
by  this  convention  that  all  rights,  suits,  actions,  prosecutions,  claims, 
and  contracts,  both  as  it  respects  individuals  and  bodies  corporate,  shall 
continue  as  if  no  change  had  taken  place  in  this  government. 

2.  All  fines,  penalties,  and  forfeitures,  due  and  owing  to  the  territory 
of  the  United  States,  north-west  of  the  Ohio  River,  shall  inure  to  the 
use  of  the  state.  All  bonds  executed  to  the  governor,  or  any  other 
officer  in  his  official  capacity  in  the  territory,  shall  pass  over  to  the  go- 
vernor, or  the  other  officers  of  the  state,  and  their  successors  in  office, 
for  the  use  of  the  state,  or  by  him  or  them  to  be  respectively  assigned 
over  to  the  use  of  those  concerned,  as  the  case  may  be, 

3.  The  governor,  secretary,  and  judges,  and  all  other  officers  under 
the  territorial  government,  shall  continue  in  the  exercise  of  the  duties 
of  their  respective  departments  until  the  said  ofiiccrs  are  superseded 
under  the  authority  of  this  constitution. 

4.  All  laws  and  parts  of  laws  now  in  force  in  this  territory,  not  in- 
consistent with  this  constitution,  shall  continue  and  remain  in  full  effect 
until  repealed  by  the  legislature,  except  so  much  of  the  act  entitled 
•'  An  act  regulating  the  admission  and  practice  of  attorneys  and  coun- 
sellors at  law  ;"  and  of  the  act  made  amendatory  thereto,  as  relates  to 
the  term  of  time  which  the  applicant  shall  have  studied  law,  liis  resi- 
dence within  the  territor}'^,  and  the  term  of  time  which  he  shall  have 
practised  as  an  attorney  at  law,  before  he  can  be  admitted  to  the  degree 
of  a  counsellor  at  law. 

5.  The  governor  of  the  state  shall  make  use  of  his  private  seal,  until 
a  state  seal  be  procured. 

6.  The  president  of  the  convention  shall  issue  writs  of  election  to  the 
sheriffs  of  the  several  counties,  requiring  them  to  proceed  to  the  elec- 
tion of  governor,  members  of  the  general  assembly,  sheriffs,  and  coro- 
ners, at  the  respective  election  districts  in  each  county,  on  the  second 
Tuesday  of  January  next,  which  elections  shall  be  conducted  in  the 
manner  prescribed  by  the  existing  election  laws  of  this  territory  ;  and 
the  members  of  the  general  assembly,  sheriffs,  and  coroners  then  elect- 
ed, shall  continue  to  exercise  the  duties  of  their  respective  offices  until 
the  next  annual  or  biennial  election  thereafter,  as  prescribed  in  this  con- 
stitution, and  no  longer. 

7.  Until  the  first  enumeration  shall  be  made,  as  directed  in  the  second 
section  of  the  first  article  of  this  constitution,  the  county  of  Hamilton 
shall  be  entitled  to  four  senators  and  eight  representatives  ;  the  county 
of  Clermont  one  senator  and  two  representatives  ;  the  county  of  Adams 
one  senator  and  three  representatives  ;  the  county  of  Ross,  two  senators 


INDIANA. 


273 


and  four  representatives ;  the  county  of  Fairfield  one  senator  and  two 
representatives ;  the  county  of  Washington  two  senators  and  three  re- 
presentatives ;  the  county  of  Belmont  one  senator  and  two  representa- 
tives ;  the  county  of  Jefferson  two  senators  and  four  representatives  -, 
and  the  county  of  Trumbull  one  senator  and  two  representatives. 

Done  in  convention,  at  Chillicothe,  on  the  29th  day  of  November,  ir 
the  year  of  our  Lord  1802,  and  of  the  Independence  of  the  United 
States  of  America  the  27th. 

In  testimony  whereof,  we  have  hereunto  subscribed  our  names. 

EDWARD  TIFFIN,  President. 


Jos.  Darlington, 
Israel  Donaldson, 
I'ho.  Kerker, 
James  Caldwell, 
Elijah  Woods, 
Philip  Gatch, 
James  Sargent, 
Henry  Abrams, 
Em.  Carpenter, 
John  W.  Browne, 
Charles  W.  Byrd, 
Fra.  Dunlavy, 
Wm.  Goforth, 
John  Kitchell, 
Jer.  Morrow, 
John  Paul, 
John  M'Intire, 


John  Reilly, 

John  Smith, 

John  Wilson, 

Rudolph  Bear, 

Geo.  Humphrey, 

John  Milligan, 

Nath.  Updegraff, 

Baz.  Wells, 

Mich.  Baldwin, 

James  Grubb, 

Nath.  Massie, 

T.  Worthington, 

David  Abbott, 

Sam.  Huntington, 

Eph.  Cutler, 

Ben.  Ives  Gilman, 

Rufus  Putnam. 

Attest,     Tho.  Scott,  Secretary. 


CONSTITUTION  OF  INDIANA. 


We,  the  representatives  of  the  people  of  the  territory  of  Indiana,  m 
convention  met,  at  Cory  don,  on  Monday  the  10th  day  of  June,  in  tht 
year  of  our  Lord  eighteen  hundred  and  sixteen,  and  of  the  independence 
of  the  United  States  the  fortieth,  having  the  right  of  admission  intc 
the  general  government,  as  a  member  of  the  Union,  consistent  with 
the  constitution  of  the  United  States,  the  ordinance  of  Congress  of 
one  thousand  seven  hundred  and  eighty-seven,  and  the  law  of  Con- 
gress, entitled  "  An  act  to  enable  the  people  of  Indiana  territory  tc 
form  a  constitution  and  state  government,  and  for  the  admission  of  such 
state  into  the  Union,  on  an  equal  footing  with  the  original  states  ;"  in 
»rdcr  to  establish  justice,  promote  the  welfare,  and  secure  the  blessings 


274  CONSTITUTION    OF 

of  liberty  to  ourselves  and  our  posterity,  do  ordain  and  establish  tho 
fr»Uowing  constitution  or  form  of  government,  and  do  mutually  agree 
with  each  other  to  form  ourselves  into  a  free  and  independent  state,  by 
tho  name  of  The  State  of  Indiana. 

AHTICLK    1. 

§  1.  That  the  general,  great,  and  essential  principles  of  liberty  and 
free  government  may  be  recognised  and  unalterably  established,  we  de- 
clare :  that  all  men  are  born  equally  free  and  independent,  and  have 
certain  natural,  inherent,  and  unalienable  rights ;  among  which  are,  the 
enjoying  and  defending  life  and  liberty,  and  of  acquiring,  possessing, 
and  protecting  property,  and  pursuing  and  obtaining  happiness  and 
safety. 

2.  That  all  power  is  inherent  in  the  people,  and  all  free  governments 
are  founded  on  their  authority,  and  instituted  for  their  peace,  safety,  and 
happiness :  for  the  advancement  of  these  ends,  they  have  at  all  times 
an  unalienable  and  indefeasible  right  to  alter,  or  reform,  their  govern- 
ment, in  such  manner  as  they  may  deem  proper. 

3.  That  all  men  have  a  natural  and  indefeasible  right  to  worship  Al- 
mighty God  according  to  the  dictates  of  their  own  consciences :  that  no 
man  shall  be  compelled  to  attend,  erect,  or  support  any  place  of  worship, 
or  to  maintain  any  ministry,  against  his  consent :  that  no  human 
authority  can,  in  any  case  whatever,  control  or  interfere  with  the 
rights  of  conscience  :  and  that  no  preference  shall  ever  be  given  by  law 
to  any  religious  societies  or  modes  of  worship  ;  and  no  religious  test  shall 
be  required  as  a  qualification  to  any  office  of  trust  or  profit. 

4.  That  elections  shall  be  free  and  equal. 

5.  That  in  all  civil  cases,  where  the  value  in  controversy  shall  exceed 
the  sum  of  twenty  dollars,  and  in  all  criminal  cases  except  in  petit  mis- 
demeanours, which  shall  be  punishable  by  fine  only,  not  exceeding  three 
dollars,  in  such  manner  as  the  legislature  may  prescribe  by  law,  the  right 
of  trial  by  jury  shall  remain  inviolate. 

6.  That  no  power  of  suspending  the  operation  of  the  laws  shall  be 
exercised,  except  by  the  legislature  or  its  authority. 

7.  That  no  man's  particular  services  shall  be  demanded,  or  property 
taken  or  applied  to  public  use,  without  the  consent  of  his  representatives, 
or  without  a  just  compensation  being  made  therefor. 

8.  The  rights  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  and  effects,  against  unreasonable  searches  and  seizures,  shall  not 
be  violated ;  and  no  warrant  shall  issue  but  upon  probable  cause,  sup- 
ported by  oath  or  affirmation,  and  particularly  describing  the  place  to  be 
searched,  and  the  person  or  things  to  be  seized. 

9.  That  the  printing  presses  shall  be  free  to  every  person  who  under- 
takes to  examine  the  proceedings  of  the  legislature,  or  any  branch  ot 
government ;  and  no  law  shall  ever  be  made  to  restrain  the  right  thereof. 
The  free  communication  of  thoughts  and  opinions  is  one  of  the  in- 
valuable rights  of  man ;  and  every  citizen  may  freely  speak,  write,  and 
print  on  any  subject,  being  responsible  for  the  abuse  of  that  liberty. 

10.  In  prosecutions  for  the  publication  of  papers  investigating  the 
official  conduct  of  officers,  or  men  in  a  public  capacity,  or  where  the  mat- 
ter published  is  proper  for  public  information,  thp  truth  thereof  may  be 


INDIANA.  275 

given  in  eviaence  ;  and,  in  all  indiclments  for  libels,  the  jury  shall  have 
a  right  to  determine  the  law  and  the  facts,  under  the  direction  of  the 
court,  as  in  other  cases. 

11.  That  all  courts  shall  be  open,  and  every  person,  for  an  injury  done 
him  in  his  lands,  goods,  person,  or  reputation,  shall  have  remedy  by  the 
due  course  of  law,  and  right  and  justice  administered  without  denial  or 
delay. 

12.  That  no  person  arrested  or  confined  in  jail  shall  be  treated  with 
unnecessary  rigour,  or  be  put  to  answer  any  criminal  charge,  but  by  pre- 
sentment, indictment,  or  impeachment. 

13.  That,  in  all  criminal  prosecutions,  the  accused  hath  a  right  to  be 
heard  by  himself  and  counsel,  to  demand  the  nature  and  cause  of  tlie 
accusation  against  him,  and  to  have  a  copy  thereof;  to  meet  the  wit- 
nesses face  to  face  ;  to  have  compulsory  process  for  obtaining  witnesses 
in  his  favour ;  and  in  prosecutions  by  indictment  or  presentment,  a 
speedy  public  trial  by  an  impartial  jury  of  the  county  or  district  in  which 
the  offence  shall  have  been  committed,  and  shall  not  be  compelled  to  give 
evidence  against  himself,  nor  shall  be  twice  put  in  jeopardy  for  tlie  same 
offence. 

14.  That  all  persons  shall  be  bailable  by  sufficient  sureties,  unless  for 
capital  offences,  when  the  proof  is  evident  or  the  presumption  great ;  and 
the  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended,  unless, 
in  case  of  rebellion  or  invasion,  the  public  safety  may  require  it. 

15.  Excessive  bail  shall  not  be  required  ;  excessive  fines  shall  not  be 
imposed  ;  nor  cruel  and  unusual  punishments  inflicted. 

16.  All  penalties  shall  be  proportioned  to  the  nature  of  the  offence. 

17.  The  person  of  a  debtor,  where  there  is  not  strong  presumption  of 
fraud,  shall  not  be  continued  in  prison  after  delivering  up  his  estate  for 
the  benefit  of  his  creditor  or  creditors,  in  such  manner  as  shall  be  pre- 
scribed by  law. 

18.  No  ex  post  facto  law,  nor  any  law  impairing  the  validity  of  con- 
tracts, shall  ever  be  made ;  and  no  conviction  shall  work  corruption  of 
blood,  nor  forfeiture  of  estate. 

19.  That  the  people  have  a  right  to  assemble  together,  in  a  peaceable 
manner,  to  consult  for  their  common  good,  to  instruct  their  representa- 
tives, and  to  apply  to  the  legislature  for  redress  of  gi-ievances. 

20.  That  the  people  have  a  right  to  bear  arms  for  the  defence  of  them- 
selves and  the  state ;  and  that  the  military  shall  be  kept  in  strict  subor- 
dination to  the  civil  power. 

21.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner,  nor  in  time  of  war,  but  in  a  manner 
to  be  prescribed  by  law. 

22.  I'hat  the  legislature  shall  not  grant  any  title  of  nobility  or  here- 
ditary distinctions  ;  nor  create  any  office,  the  appointment  to  which  shall 
be  for  a  longer  term  than  good  behaviour. 

23.  That  emigration  from  the  state  shall  not  be  prohibited. 

24.  To  guard  against  any  encroachments  on  the  rights  herein  retain- 
ed, we  declare,  that  every  thing  in  this  article  is  excepted  out  of  the  gene- 
ral powers  of  government,  and  shall  for  ever  remain  inviolable. 


'J'Tft  ONSTITUTION    OF 

auticle  2. 

Tlic  powers  of  the  government  of  Indiana  shall  be  divided  into  three 
distinct  departments,  and  each  of  them  be  confided  to  a  separate  body 
of  magistracy,  to  wit :  Those  which  are  legislative,  to  one  ;  those  which 
are  executive,  to  another  ;  and  those  which  are  judiciary,  to  another : 
And  no  person,  or  collection  of  persons,  being  of  one  of  those  depart- 
ments, shall  exercise  any  power  properly  attached  to  either  of  the  others 
except  in  the  instances  herein  expressly  permitted. 

ARTICLE    3. 

§  1.  The  legislative  authority  of  this  state  shall  be  vested  in  a  general 
assembly,  which  shall  consist  of  a  senate  and  house  of  representatives, 
both  to  be  elected  by  the  people. 

2.  The  general  assembly  may,  within  two  years  after  their  first  meet- 
ing, and  shall,  in  the  year  eighteen  hundred  and  twenty,  and  every  sub- 
sequent term  of  five  years,  cause  an  enumeration  to  be  made  of  all  the 
white  male  inhabitants  above  the  age  of  twenty-one  years.  The  number 
of  representatives  shall,  at  the  several  periods  of  making  such  enumera- 
tions, be  fixed  by  the  general  assembly,  and  apportioned  among  the  seve- 
ral counties  according  to  the  number  of  white  male  inhabitants  above 
twenty-one  years  of  age  in  each  ;  and  shall  never  be  less  than  twenty- 
five,  nor  greater  than  thirty-six,  until  the  number  of  white  male  inhabit- 
ants, above  twenty-one  years  of  age,  shall  be  twenty -two  thousand  ;  and 
after  that  event,  at  such  ratio  that  the  whole  number  of  representatives 
shall  never  be  less  than  thirty-six,  nor  exceed  one  hundred. 

3.  The  representatives  shall  be  chosen  annually,  by  tke  qualified 
electors  of  each  county  respectively,  on  the  first  Monday  of  August.' 

4.  No  person  shall  be  a  representative  unless  he  shall  have  attained 
the  age  of  twenty-one  years,  and  shall  be  a  citizen  of  the  United  States, 
and  an  inhabitant  of  this  state ;  shall  also  have  resided  within  the  limits 
of  the  county  in  which  he  shall  be  chosen  one  year  next  preceding  his 
election,  if  the  county  shall  have  been  so  long  erected ;  but  if  not,  then 
within  the  limits  of  the  county  or  counties  out  of  which  it  shall  have 
been  taken,  unless  he  shall  have  been  absent  on  the  public  business  of 
the  United  States  or  of  this  state,  and  shall  have  paid  a  state  or  county 
tax, 

5.  The  senators  shall  be  chosen  for  three  years,  on  the  first  Monday 
in  August,  by  the  qualified  voters  for  representatives  ;  and,  on  their  be- 
ing convened  in  consequence  of  the  first  election,  they  shall  be  divided 
by  lot  from  their  respective  counties  or  districts,  as  near  as  can  be,  into 
three  classes  ;  the  seats  of  the  senators  of  the  first  class  shall  be  vacated 
at  the  expiration  of  the  first  year,  and  the  second  class  at  the  expiration 
of  the  second  year  ;  and  of  the  third  class  at  the  expiration  of  the  third 
yeai  ;  so  that  one-third  thereof,  as  near  as  possible,  may  be  annually 
chosen  for  ever  thereafter. 

6.  The  number  of  senators  shall,  at  the  several  periods  of  making  the 
enumeration  before  mentioned,  be  fixed  by  the  general  assembly,  and 
apportioned  among  the  several  counties  or  districts  to  be  established  by 
law,  according  to  the  number  of  white  male  inhabitants,  of  the  age  of 
twenty-one  years,  in  each,  and  shall  never  be  less  than  one-third,  noi 
more  than  one-half  of  the  number  of  representativ<;s. 


INDIANA.  277 

7.  No  person  snaJ  be  a  senator  unless  he  shall  have  attained  the  age 
of  twenty-five  years,  and  shall  be  a  citizen  of  the  United  States  ;  and 
shall,  next  preceding  the  election,  have  resided  two  years  in  this  state, 
tie  last  twelve  months  of  which,  in  the  county  or  district  in  which  he 
may  be  elected,  if  the  county  or  district  shall  have  been  so  long  erected  : 
but  if  not,  then  within  the  limits  of  the  county  or  counties,  district  or 
districts,  out  of  which  the  same  shall  have  been  taken ;  unless  he  shall 
have  been  absent  on  the  public  business  of  the  United  States  or  this  state, 
and  shall  moreover  have  paid  a  state  or  county  tax. 

8.  The  house  of  representatives,  when  assembled,  shall  choose  a 
speaker  and  its  other  officers  ;  and  the  senate  shall  choose  its  officers, 
except  the  president ;  and  each  shall  be  judges  of  the  qualifications  and 
elections  of  its  members,  and  sit  upon  its  own  adjournments  ;  two-thirds 
of  each  house  shall  constitute  a  quorum  to  do  business ;  but  a  smaller 
number  may  adjourn  from  day  to  day,  and  compel  the  attendance  of  ab- 
sent members. 

9.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  publish 
them.  The  yeas  and  nays  of  the  members,  on  any  question,  shall,  at  the 
request  of  any  two  of  them,  be  entered  on  the  journals. 

10.  Any  one  member  of  either  house  shall  have  liberty  to  dissent 
from  and  protest  against  any  act  or  resolution  which  he  may  think  in- 
jurious to  the  public,  or  any  individual  or  individuals,  and  have  the 
reason  of  his  dissent  entered  on  the  journals. 

1 1 .  Each  house  may  determine  the  rules  of  its  proceedings,  punish  its 
members  for  disorderly  behaviour,  and,  with  the  concurrence  of  two- 
thirds,  expel  a  member,  but  not  a  second  time  for  the  same  cause ;  and 
shall  have  all  other  powers  necessary  for  a  branch  of  the  legislature  of  a 
free  and  independent  state. 

12.  When  vacancies  happen  in  either  branch  of  the  general  assembly, 
the  governor,  or  the  person  exercising  the  power  of  governor,  shall  issue 
writs  of  election  to  fill  such  vacancies. 

13.  Senators  and  representatives  shall,  in  all  cases  except  treason, 
felony,  or  breach  of  the  peace,  be  privileged  from  arrest  during  the  ses- 
sion of  the  genera!  assembly,  and  in  going  to  or  returning  from  the  same  ; 
and  for  any  speech  or  debate  in  either  house,  they  shall  not  be  ques- 
tioned in  any  other  place, 

14.  Each  house  may  punish,  by  imprisonment,  during  their  session, 
any  person,  not  a  member,  who  shall  be  guilty  of  disrespect  to  the  house, 
by  disorderly  or  contemptuous  behaviour  in  their  presence  :  Provided, 
such  imprisonment  shall  not,  at  any  one  time,  exceed  twenty-four  hours. 

15.  The  doors  of  each  house,  and  of  committees  of  the  whole,  shall 
be  kept  open,  except  in  such  cases  as,  in  the  opinion  of  the  house,  may 
require  secrecy.  Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  two  days,  nor  to  any  other  place  than  that  in 
which  the  two  houses  shall  be  sitting. 

16.  Bills  may  originate  in  either  house,  but  may  be  altered,  amended, 
or  rejected  by  the  other. 

17.  Every  bill  shall  be  read  on  three  different  days  in  each  house, 
unless,  in  case  of  urgency,  two-thirds  of  the  house  where  such  bill  may 
be  depending  shall  deem  it  expedient  to  dispense  with  this  rule ;  and 
every  bill,  having  passed  both  houses,  shall  be  signed  by  the  president 
uid  speaker  of  their  respective  houses. 

2  A 


278  CONSTITUTION   OF 

18.  The  style  of  the  laws  of  this  state  shall  be,  "jBe  it  enacted  by 
the  general  assembly  of  the  state  of  IndianaJ^ 

19.  All  bills  for  raising  revenue  shall  originate  in  the  house  of  repre- 
sentatives, but  the  senate  may  amend  or  reject,  as  in  other  bills. 

20.  No  person  holding  any  office  under  the  authority  of  the  president 
of  the  United  States,  or  of  this  state,  militia  officers  excepted,  shall  be 
eligible  to  a  seat  in  either  branch  of  the  general  assembly,  unless  he  re- 
sign his  office  previous  to  his  election ;  nor  shall  any  member  of  either 
branch  of  the  general  assembly,  during  the  time  for  which  he  is  elected, 
be  eligible  to  any  office,  the  appointment  of  which  is  vested  in  the  gene- 
ral assembly  :  Provided,  that  nothing  in  this  constitution  shall  be  so 
construed  as  to  prevent  any  member  of  the  first  session  of  the  first  gene- 
ral assembly  from  accepting  any  office  that  is  created  by  this  constitu- 
tion, or  the  constitution  of  the  United  States,  and  the  salaries  of  which 
are  established. 

21.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence 
of  appropriations  made  by  law. 

22.  An  accurate  statement  of  the  receipts  and  expenditures  of  the 
public  money  shall  be  attached  to  and  published  with  the  laws,  at  every 
annual  session  of  the  general  assembly, 

23.  The  house  of  representatives  shall  have  the  sole  power  of  im- 
peaching, but  a  majority  of  all  the  members  elected  must  concur  in  such 
impeachment.  All  impeachments  shall  be  tried  by  the  senate,  and  when 
sitting  for  that  purpose,  the  senators  shall  be  upon  oath  or  affirmation  to 
do  justice  according  to  law  and  evidence ;  no  person  shall  be  convicted 
without  the  concurrence  of  a  majority  of  all  the  senators  elected. 

24.  The  governor,  and  all  civil  officers  of  the  state,  shall  be  removed 
from  office  on  impeachment  for,  and  conviction  of,  treason,  bribery,  or 
other  high  crimes  and  misdemeanours ;  but  judgment  in  such  cases 
shall  not  extend  further  than  removal  from  office,  and  disqualification 
to  hold  any  office  of  honour,  profit,  or  trust,  under  this  state.  The 
party,  whether  convicted  or  acquitted,  shall  nevertheless  be  liable  to 
indictment,  trial,  judgment,  and  punishment  according  to  law. 

25.  The  first  session  of  the  general  assembly  shall  commence  on  the 
first  Monday  of  November  next ;  and  for  ever  after  the  general  as- 
sembly shall  meet  on  the  first  Monday  in  December  in  every  year,  and 
at  no  other  period,  unless  directed  by  law,  or  provided  for  by  this  con- 
stitution. 

26.  No  person  who  hereafter  may  be  a  collector,  or  holder  of  public 
money,  shall  have  a  seat  in  either  house  of  the  general  assembly,  until 
such  person  shall  have  accounted  for  and  paid  into  the  treasury  all  sums 
for  which  he  may  be  accountable. 

ARTICLE   4. 

§  1.  The  supreme  executive  power  of  this  state  shall  be  vested  in  a 
governor,  who  shall  be  styled  the  governor  of  the  state  of  Indiana. 

2.  The  governor  shall  be  chosen  by  the  qualified  electors  on  the  first 
Monday  in  August,  at  the  places  where  they  shall  respectively  vote  for 
representatives  thereof.  The  returns  of  every  election  for  governor  shall 
be  sealed  up  and  transmitted  to  the  seat  of  government,  directed  to  the 
speaker  of  the  house  of  representatives,  who  shall  open  and  publish 


INDIANA.  279 

them  in  presence  of  both  houses  of  the  general  assembly ;  the  person 
having  the  highest  number  of  votes  shall  be  governor :  but  if  two  or 
more  shall  be  equal  and  highest  in  votes,  one  of  them  shall  be  chosen 
governor  by  the  joint  vote  of  the  members  of  both  houses.  Contested 
elections  shall  be  determined  by  a  committee  to  be  selected  from  both 
houses  of  the  general  assembly,  and  formed  and  regulated  in  such  man- 
ner as  shall  be  determined  by  law. 

3.  The  governor  shall  hold  his  office  during  three  years,  from  and 
after  the  third  day  of  the  first  session  of  the  general  assembly  next 
ensuing  this  election,  and  until  a  successor  shall  be  chosen  and  qualified  ; 
and  shall  not  be  capable  of  holding  it  longer  than  six  years  in  any  term 
of  nine  years. 

4.  He  shall  be  at  least  thirty  years  of  age,  and  shall  have  been  a  citi- 
zen of  the  United  States  for  ten  years,  arid  have  resided  in  the  state  five 
years  next  preceding  his  election  ;  unless  he  shall  have  been  absent 
on  the  business  of  this  state  or  of  the  United  States  :  Provided,  that  this 
shall  not  disqualify  any  person  from  the  office  of  governor,  who  shall  be 
a  citizen  of  the  United  States,  and  shall  have  resided  in  the  Indiana  ter- 
ritory two  years  next  preceding  the  adoption  of  this  constitution. 

5.  No  member  of  congress,  or  person  hdding  any  office  under  the 
United  States,  or  this  state,  shall  exercise  the  office  of  governor  or  lieu- 
tenant-governor. 

6.  The  governor  shall,  at  stated  times,  receive  for  his  services  a  com- 
pensation which  shall  neither  be  increased  nor  diminished  during  the  term 
for  which  he  shall  have  been  elected. 

7.  He  shall  be  commander-in-chief  of  the  army  and  navy  of  this 
state,  and  of  the  militia  thereof,  except  when  they  shall  be  called  into 
the  service  of  the  United  States  ;  but  he  shall  not  command  personally 
in  the  field,  unless  he  shall  be  advised  so  to  do  by  a  resolution  of  the 
general  assembly. 

8.  He  shall  nominate,  and  by  and  with  the  advice  and  consent  of  the 
senate,  appoint  and  commission  all  officers,  the  appointment  of  which  is 
not  otherwise  directed  by  this  constitution ;  and  all  offices  which  may 
be  created  by  the  general  assembly  shall  be  filled  in  such  manner  as  may 
be  directed  by  law. 

9.  Vacancies  that  may  happen  in  offices,  the  appointment  of  which 
is  vested  in  the  governor  and  senate,  or  in  the  general  assembly,  shall 
be  filled  by  the  governor,  during  the  recess  of  the  general  assembly, 
by  granting  commissions  that  shall  expire  at  the  end  of  the  next  session. 

10.  He  shall  have  power  to  remit  fines  and  forfeitures,  grant  re- 
prieves and  pardons,  except  in  cases  of  impeachment. 

11.  He  may  require  information,  in  writing,  from  the  officers  in  the 
executive  department,  upon  any  subject  relative  to  the  duties  of  their 
respective  offices. 

12.  He  shall,  from  time  to  time,  give  to  the  general  assembly  in- 
formation of  the  affairs  of  the  state,  and  recommend  to  their  considera- 
tion such  measures  as  he  shall  deem  expedient. 

13.  He  may,  on  extraordinary  occasions,  convene  the  general  assem- 
bly at  the  seat  of  government,  or  at  a  different  place  if  that  shall  have 
become,  smce  their  last  adjournment,  dangerous  from  an  enemy,  or  from 
contagious  disorders;  and  in  case  of  disagreement  between  the  two 
Houses  with  respect  to  the  time  of  adjournment,  adjourn  them  to  such 


280  CONSTITUTION    OP 

time  as  he  shall  think  proper,  not  beyond  the  time  of  the  next  annual 


14.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

15.  A  lieutenant-governor  shall  be  chosen  at  every  election  for  a  go- 
vernor, in  the  same  manner,  continue  in  office  for  the  same  time,  and 
possess  the  same  qualifications.  In  voting  for  governor  and  lieutenant- 
governor,  the  electors  shall  distinguish  whom  they  vote  for  as  governor, 
and  whom  as  lieutenant-governor. 

16.  He  shall,  by  virtue  of  his  office,  be  president  of  the  senate: 
have  a  right,  when  in  committee  of  the  whole,  to  debate,  and  vote  on 
all  subjects,  and  when  the  senate  are  equally  divided,  to  give  the  casting 
vote. 

17.  In  case  of  impeachment  of  the  governor,  his  removal  from  office, 
death,  refusal  to  qualify,  resignation,  or  absence  from  the  state,  the  lieu- 
tenant-governor shall  exercise  all  the  powers  and  authority  appertaining 
to  the  office  of  governor,  until  another  be  duly  qualified,  or  the  governor 
absent  or  impeached  shall  return  or  be  acquitted. 

18.  Whenever  the  government  shall  be  administered  by  the  lieuten- 
ant-governor, or  he  shall  be  unable  to  attend  as  president  of  the  senate, 
the  senate  shall  elect  one  of  their  own  members  as  president  for  that 
ocpasion.  And  if,  during  the  vacancy  of  the  office  of  governor,  the  lieu- 
tenant-governor shall  be  impeached,  removed  from  office,  refuse  to  qualify, 
resign,  die,  or  be  absent  from  the  state,  the  president  of  the  senate 
pro  tem.  shall,  in  like  manner,  administer  the  government,  until  he 
shall  be  superseded  by  a  governor  or  lieutenant-governor.  The  lieu- 
tenant-governor, while  he  acts  as  president  of  the  senate,  shall  receive 
for  his  services  the  same  compensation  which  shall,  for  the  same  pe- 
riod, be  allowed  to  the  speaker  of  the  house  of  representatives,  and  no 
more  :  and  during  the  time  he  administers  the  government,  as  governor, 
shall  receive  the  same  compensation  which  the  governor  would  have 
received  and  been  entitled  to,  had  he  been  employed  in  the  duties  of  his 
office,  and  no  more. 

19.  The  president  pro  tempore  of  the  senate,  during  the  time  he  ad- 
ministers the  government,  shall  receive,  in  like  manner,  the  same  com- 
pensation which  the  governor  would  have  received  had  he  been  employed 
in  the  duties  of  his  office,  and  no  more. 

20.  If  the  lieutenant-governor  shall  be  called  upon  to  administer  the 
government,  and  shall,  while  in  such  administration,  resign,  die,  or  be 
absent  from  the  state,  during  the  recess  of  the  general  assembly,  it  shall 
be  the  duty  of  the  secretary  of  state,  for  the  time  being,  to  convene  the 
senate  for  the  purpose  of  choosing  a  president  pro  tempore. 

21.  A  secretary  of  state  shall  be  chosen  by  the  joint  ballot  of  both 
houses  of  the  general  assembly,  and  be  commissioned  by  the  governor, 
for  four  years,  or  until  a  new  secretary  be  chosen  and  qualified.  He 
shall  keep  a  fair  register,  and  attest  all  the  official  acts  and  proceedings 
of  the  governor  ;  and  shall,  when  required,  lay  the  same,  and  all  papers, 
minutes,  and  vouchers,  relative  thereto,  before  either  house  of  the  general 
assembly ;  and  shall  perform  such  other  duties  as  may  be  enjoined  him 
by  law. 

22.  Every  bill  which  shall  have  passed  both  houses  of  the  general  as- 
sembly, shall  be  presented  to  the  governor ;  if  he  approve,  he  shall  sign 
it ;  but  if  not,  he  shall  return  it,  with  hi  s  objections,  to  the  house  ir 


INDIANA.  281 

which  it  shall  have  originated,  who  shall  enter  the  objections  at  large 
upon  their  journals,  and  proceed  to  reconsider  it ;  if,  after  such  recon- 
sideration, a  majority  of  all  the  members  elected  to  that  house  shall 
agree  to  pass  the  bill,  it  shall  be  sent,  with  the  objections,  to  the  other 
house,  by  which  it  shall  likewise  be  reconsidered,  and  if  approved  by  a 
majority  of  all  the  members  elected  to  that  house,  it  shall  be  a  law ;  but 
in  such  cases  the  votes  of  both  houses  shall  be  determined  by  yeas  and 
nays,  and  the  names  of  the  persons  voting  for  and  against  the  bill  shall 
be  entered  on  the  journals  of  each  house  respectively.  If  any  bill  shall 
not  be  returned  by  the  governor  within  five  days  (Sundays  excepted) 
after  it  shall  have  been  presented  to  him,  it  shall  be  a  law,  in  like  man- 
ner as  if  he  had  signed  it ;  unless  the  general  assembly,  ])y  its  adjourn- 
ment, prevent  its  return,  in  which  case  it  shall  be  a  law,  unless  sent 
back  within  three  days  after  their  next  meeting. 

23.  Every  resolution,  to  v/hich  the  concurrence  »f  both  houses  may 
be  necessary,  shall  be  presented  to  the  governor,  and  before  it  shall  take 
eflect,  be  approved  by  him ;  or,  being  disapproved,  shall  be  repassed  by 
a  majority  of  all  the  members  elected  to  both  houses,  according  to  the 
rules  and  limitations  prescribed  in  case  of  a  bill. 

24.  There  shall  be  elected,  by  joint  ballot  of  both  houses  of  the  ge- 
neral assembly,  a  treasurer,  and  auditor,  whose  powers  and  duties  shall 
be  prescribed  by  law,  and  who  shall  hold  their  offices  three  years,  and 
until  their  successors  be  appoijited  and  qualified. 

25.  There  shall  be  elected  in  each  county,  by  the  qualified  electors 
thereof,  one  sheriiF,  and  one  coroner,  at  the  times  and  places  of  holding 
elections  for  members  of  the  general  assembly.  They  shall  continue 
in  office  two  years,  and  until  successors  shall  be  chosen  and  duly 
qualified :  Provided,  that  no  person  shall  be  eligible  to  the  office  of 
sherifl['  more  than  four  years  in  any  term  of  six  years. 

26.  There  shall  be  a  seal  of  this  state,  which  shall  be  kept  by  the 
governor,  and  used  by  himself  officially,  and  shall  be  calted  the  seal  of 
■the  state  of  Indiana. 

ARTICLE  5. 

§  1.  The  judiciary  power  of  this  state,  both  as  to  matters  of  law  and 
€quity,  shall  be  vested  in  one  supreme  court,  in  circuit  courts,  and  in 
such  other  inferior  courts  as  the  general  assembly  may,  from  time  to 
time,  direct  and  establish. 

2  The  supreme  court  shall  consist  of  three  judges,  any  two  of  whom 
«hall  form  a  quorum,  and  shall  have  appellate  jurisdiction  only,  wliich 
shall  be  co-extensive  with  the  limits  of  the  state,  under  such  restrictions 
and  regulations,  not  repugnant  to  this  constitution,  as  may,  from  time 
to  time,  be  prescribed  by  law :  Provided  nothing  in  this  article  shall 
be  so  construed  as  to  prevent  the  general  assembly  from  giving  the 
supreme  court  original  jurisdiction  in  capital  cases  and  cases  in  chancery, 
where  the  president  of  the  circuit  court  may  be  interested  or  prejudiced. 

3.  The  circuit  courts  shall  consist  of  a  president  and  two  associate 
judges.  The  state  shall  be  divided  by  law  into  three  circuits,  for  each 
of  which  a  president  shall  be  appointed,  who,  during  his  continuance  in 
office,  shall  reside  therein.  The  president  and  associate  judges,  in  their 
respective  counties,  shall  have  common  law  and  chancerv  jurisdiction, 
2  A  2 


282  CONSTITUTION    OP 

as  also  complete  criminal  jurisdiction,  in  all  such  cases,  and  in  such 
manner,  as  may  be  prescribed  by  law.  The  president  alone,  in  th«? 
absence  of  the  associate  judges,  or  the  president  and  one  of  the  associate 
judges,  in  the  absence  of  the  other,  shall  be  competent  to  hold  a  court, 
as  also  the  two  associate  judges,  in  the  absence  of  the  president,  shall 
be  competent  to  hold  a  court,  except  in  capital  cases,  and  cases  in  chan- 
cery :  Provided,  that  nothing  herein  contained  shall  prevent  the  general 
assembly  from  increasing  the  number  of  the  circuits  and  presidents,  as 
the  exigencies  of  the  state  may,  from  time  to  time,  require. 

4.  The  judges  of  the  supreme  court,  the  circuit  and  other  inferior 
courts,  shall  hold  their  offices  during  the  term  of  seven  years,  if  they 
shall  so  long  behave  well,  and  shall,  at  stated  times,  receive  for  their  ser- 
vices a  compensation  which  shall  not  be  diminished  during  their  con- 
tinuance in  office. 

5.  The  judges  of  the  supreme  court  shall,  by  virtue  of  their  offices, 
be  conservators  of  the  peace  throughout  the  state,  as  also  the  presidents 
of  the  circuit  courts  in  their  respective  circuits,  and  the  associate  judges 
in  their  respective  counties. 

6.  The  supreme  court  shall  hold  its  sessions  at  the  seat  of  govern- 
ment, at  such  times  as  shall  be  prescribed  •  by  law ;  and  the  circuit 
courts  shall  be  held  in  the  respective  counties  as  may  be  directed  by 
law. 

7.  The  judges  of  the  supreme  court  shall  be  appointed  by  the  go- 
vernor, by  and  with  the  advice  and  consent  of  the  senate.  The  presi- 
dents of  the  circuit  courts  shall  be  appointed  by  joint  ballot  of  both 
branches  of  the  general  assembly  ;  and  the  associate  judges  of  the  cir- 
cuit courts  shall  be  elected  by  the  qualified  electors  in  tiieir  respective 
counties. 

8.  The  supreme  court  shall  appoint  its  own  clerk ;  and  the  clerks  of 
the  circuit  court,  in  the  several  counties,  shall  be  elected  by  the  qualified 
electors  in  the  several  counties,  but  no  person  shall  be  eligible  to  the 
office  of  clerk  of  the  circuit  court,  in  any  county,  unless  he  shall  first 
have  obtained  from  one  or  more  of  the  judges  of  the  supreme  court,  or 
from  one  or  more  of  the  presidents  of  the  circuit  courts,  a  certificate 
that  he  is  qualified  to  execute  the  duties  of  the  office  of  clerk  of  the 
circuit  court :  Provided,  that  nothing  herein  contained  shall  prevent  the 
circuit  courts  in  each  county  from  appointing  a  clerk  pro  tem.  until  a 
qualified  clerk  may  be  duly  elected :  And  provided  also,  that  the  said 
clerks  respectively,  when  qualified  and  elected,  shall  hold  their  offices 
seven  years,  and  no  longer,  unless  reappointed. 

9.  All  clerks  shall  be  removable  by  impeachment,  as  in  other  cases. 

10.  When  any  vacancies  happen  in  any  of  the  courts,  occasioned  by 
the  death,  resignation,  or  removal  from  office,  of  any  judge  of  the  su- 
preme or  circuit  courts,  or  any  of  the  clerks  of  the  said  courts,  a  succes- 
sor shall  be  appointed  in  the  same  manner  as  herein  before  prescribed, 
who  shall  hold  his  office  for  the  period  which  his  predecessor  had  t& 
serve,  and  no  longer,  unless  reappointed. 

11.  The  style  of  all  process  shall  be.  The  State  of  Indiana.  All  pro 
secutions  shall  be  carried  on  in  the  name  and  by  the  authority  of  the 
state  of  Indiana ;  and  aU  indictments  shall  conclude,  against  the  peace 
and  dignity  of  the  same. 

12.  A  competent  number  of  the  justices  of  the  peace  shall  be  elected 


INDIANA.  28S 

by  the  qualified  electors  in  each  township  in  the  several  counties,  and 
shall  continue  m  office  five  years,  if  they  shall  so  long  behave  well ; 
whose  powers  and  duties  shall,  from  time  to  time,  be  regulated  and  de- 
fined by  law 

ABTICI-E  6. 

§  1.  In  all  elections  not  otherwise  provided  for  by  this  constitution, 
every  white  male  citizen  of  the  United  States,  of  the  age  of  twenty- 
one  years  and  upwards,  who  has  resided  in  the  state  one  year  immedi- 
ately preceding  such  election,  shall  be  entitled  to  vote  in  the  county 
where  he  resides ;  except  such  as  shall  be  enlisted  in  the  army  of  the 
United  States,  or  their  allies, 

2.  All  elections  shall  be  by  ballot:  Provided,  that  the  general  assem- 
bly may,  (if  they  deem  it  more  expedient,)  at  their  session  in  eighteen 
hundred  and  twenty-one,  change  the  mode,  so  as  to  vote  viva  voce  ; 
after  which  time  it  shall  remain  unalterable. 

3.  Electors  shall,  in  all  cases  except  treason,  felony,  or  breach  of  the 
peace,  be  free  from  arrest  in  going  to,  during  their  attendance  at,  and  in 
returning  home  from,  elections. 

4.  The  general  assembly  shall  have  full  power  to  exclude  from  elect- 
ing, or  being  elected,  any  person  convicted  of  any  infamous  crime. 

5.  Nothing  in  this  article  shall  be  so  construed  as  to  prevent  citizens 
of  the  United  States,  who  were  actual  residents  at  the  time  of  adopting 
this  constitution,  and  who,  by  the  existing  laws  of  this  territory,  are  en- 
titled to  vote,  or  persons  who  have  been  absent  from  home  on  a  visit  or 
necessary  business,  from  the  privileges  of  electors. 

ARTICLE    7. 

§  1.  The  militia  of  the  state  of  Indiana  shall  consist  of  all  free,  able- 
bodied  male  persons,  (negroes,  mulattoes,  and  Indians  excepted,)  resident 
in  the  said  state,  between  the  ages  of  eighteen  and  forty-five  years  ;  ex- 
cept such  persons  as  now  are,  or  hereafter  may  be,  exempted  by  the 
laws  of  the  United  States,  or  of  this  state  ;  and  shall  be  armed,  equip- 
ped, and  trained,  as  the  general  assembly  may  provide  by  law. 

2.  No  person  or  persons  conscientiously  scrupulous  of  bearing  arms 
shall  be  compelled  to  do  militia  duty  :  Provided,  such  person  or  per- 
sons shall  pay  an  equivalent  for  such  exemption  ;  which  equivalent  shall 
be  collected  annually,  by  a  civil  officer,  and  be  hereafter  fixed  by  law  ; 
and  shall  be  equal,  as  near  as  may  be,  to  the  lowest  fines  assessed  on 
those  privates  in  militia  who  may  neglect  or  refuse  to  perform  military 
duty. 

3.  Captains  and  subalterns  shall  be  elected  by  those  persons  in  their 
respective  company  districts  who  are  subject  to  perform  militia  duty ; 
and  the  captain  of  each  company  shall  appoint  ^e  non-commissioned 
officers  to  said  company. 

4.  Majors  shall  be  elected  by  those  persons  within  the  bounds  of  their 
respective  battalion  districts,  subject  to  perform  militia  duty  ;  and  colo- 
nels shall  be  elected  by  those  persons  within  the  bounds  of  their  respec- 
tive regimental  districts,  subject  to  perform  militia  duty. 

5.  Brigadiers-general  shall  be  elected  by  the  commissioned  officers 
within  the  boimds  of  their  respective  brigades  ,  and  majors-general  shall 


284  CONSTITUTION    OF 

be  elected  by  the  commissioned  officers  within  the  bounds  of  their  re- 
spective divisions. 

6.  Troops  and  squadrons  of  cavalry  and  companies  of  artillery,  rifle- 
men, grenadiers,  or  light  infantry,  may  be  formed  in  the  said  state,  in 
such  manner  as  shall  be  prescribed  by  law  :  Provided,  however,  that 
every  troop  or  squadron  of  cavalry,  company  of  artillery,  riflemen,  grena- 
diers, or  light  infantry,  which  may  hereafter  be  formed  within  the  said 
state,  shall  elect  their  own  officers. 

7.  The  governor  shall  appoint  the  adjutant-general  and  quartcr-mas- 
ter-general,  also  his  aids-de-camp. 

8.  Majors-general  shall  appoint  their  aids-de-camp,  and  all  other  di- 
vision staff-oflicers  ;  brigadiers-general  shall  appoint  their  brigade-majors, 
and  all  other  brigade  staff-officers  ;  and  colonels  shall  appoint  their  regi 
mental  staff-officers. 

9.  All  militia  officers  shall  be  commissioned  by  the  governor,  and 
shall  hold  their  commissions  during  good  behaviour,  or  until  they  shall 
arrive  at  the  age  of  sixty  years. 

10.  The  general  assembly  shall,  by  law,  fix  the  method  of  dividing 
the  militia  of  the  state  into  divisions,  brigades,  regiments,  battalions, 
and  companies,  and  shall  also  fix  the  rank  of  all  staff-officers, 

ARTICLE  8. 

Every  twelfth  year  after  this  constitution  shall  have  taken  effect,  at 
the  general  election  held  for  the  governor,  there  shall  be  a  poll  opened, 
in  which  the  qualified  electors  of  the  state  shall  express,  by  vote,  whe- 
ther they  are  in  favour  of  calling  a  convention  or  not ;  and  if  there 
should  be  a  majority  of  all  the  votes  given  at  such  election,  in  favour  of 
a  convention,  the  governor  shall  inform  the  next  general  assembly  thereof, 
whose  duty  it  shall  be  to  provide  by  law  for  the  election  of  the  members 
to  the  convention,  the  number  thereof,  and  the  time  and  place  of  their 
meeting  ,  which  law  shall  not  be  passed  unless  agreed  to  by  a  majority 
of  all  the  members  elected  to  both  branches  of  the  general  assembly  ; 
and  which  convention,  when  met,  shall  have  it  in  their  power  to  revise, 
amend,  or  change  the  constitution.  But  as  the  holding  any  part  of  the 
human  creation  in  slavery,  or  involuntary  servitude,  can  only  originate 
in  usurpation  and  tyranny,  no  alteration  of  this  constitution  shall  ever 
take  place  so  as  to  introduce  slavery  or  involuntary  servitude  in  this 
state,  otherwise  than  for  the  punishment  of  crimes,  whereof  the  party 
shall  have  been  duly  convicted. 

ARTICLE  9. 

§  1.  Knowledge  and  learning  generally  diffused  through  a  community, 
being  essential  to  the  preservation  of  a  free  government,  and  spreading 
the  opportunities  and  advantages  of  education  through  the  various  parts 
of  the  country  being  highly  conducive  to  this  end,  it  shall  be  the  duty 
of  the  general  assembly  to  provide  by  law  for  the  improvement  of  such 
lands  as  are,  or  hereafter  may  be,  granted  by  the  United  States  to  thi.'j 
state,  for  the  use  of  schools,  and  to  apply  any  funds  which  may  be  raised 
from  such  lands,  or  from  any  other  quarter,  to  the  accomplishment  of 
the  grand  object  for  which  they  are  or  may  be  mtended.  But  no  lands 
granted  for  the  use  of  schools  or  seminaries  of  learning  shall  be  sold. 


INDIANA.  285 

by  the  authority  of  this  state,  prior  to  the  year  eighteen  hundred  and 
twenty  ;  and  the  moneys  which  may  be  raised  out  of  the  sale  of  any 
such  lands,  or  otherwise  obtained  for  the  purposes  aforesaid,  shall  be  and 
remain  a  fund  for  the  exclusive  purpose  of  promoting  the  interest  ol 
literature  and  the  sciences,  and  for  the  support  of  seminaries  and  the 
public  schools.  The  general  assembly  shall,  from  time  to  time,  pass 
such  laws  as  shall  be  calculated  to  encourage  intellectual,  scientifical, 
and  agricultural  improvement,  by  allowing  rewards  and  imnmnities  for 
the  promotion  and  improvement  of  arts,  sciences,  commerce,  manufac- 
tures, and  natural  history  ;  and  to  countenance  and  encourage  the  prin- 
ciples of  humanity,  industry,  and  morality. 

2.  It  shall  be  the  duty  of  the  general  assembly,  as  soon  as  circum- 
stances will  permit,  to  provide  by  law  for  a  general  system  of  education, 
ascending  in  a  regular  gradation  from  township  schools  to  a  state  uni- 
versity, wherein  tuition  shall  be  gratis,  and  equally  open  to  all. 

3.  And  for  the  promotion  of  such  salutary  end,  the  money,  which 
shall  be  paid  as  an  equivalent,  by  persons  exempt  from  militia  duty,  ex- 
cept in  times  of  war,  shall  be  exclusively,  and  in  equal  proportions, 
applied  to  the  support  of  county  seminaries  ;  also,  all  fines  assessed  for 
any  breach  of  the  penal  laws,  shall  be  applied  to  said  seminaries,  in  the 
counties  wherein  they  shall  be  assessed. 

4.  It  shall  be  the  duty  of  the  general  assembly,  as  soon  as  circum- 
stances will  permit,  to  form  a  penal  code,  founded  on  the  principles  of 
reformation,  and  not  of  vindictive  justice:  And  also  to  provide  one  or 
more  farms  to  be  an  asylum  for  those  persons  who,  by  reason  of  age, 
infirmity,  or  other  misfortunes,  may  have  a  claim  upon  the  aid  and 
beneficence  of  society,  on  such  principles  that  such  persons  may  therein 
find  employment  and  every  reasonable  comfort,  and  lose,  by  their  use- 
fulness, the  degrading  sense  of  dependence. 

5.  The  general  assembly,  at  the  time  they  lay  off  a  new  county,  shall 
cause  at  least  ten  per  cent,  to  be  reserved  out  of  the  proceeds  of  the  sale 
of  town  lots,  in  the  seat  of  justice  of  such  county,  for  the  use  of  a  pub- 
lic library  for  such  county  ;  and  at  the  same  session  they  shall  incorpo- 
rate a  library  company,  under  such  rules  and  regulations  as  will  best 
secure  its  permanence,  and  extend  its  benefits. 

ARTICLE   10. 

§  1.  There  shall  not  be  established  or  incorporated  m  this  state  any 
bank  or  banking  company,  or  moneyed  institution,  for  the  purpose  of 
issuing  bills  of  credit,  or  bills  payable  to  order  or  bearer  :  Provided,  that 
nothing  herein  contained  shall  be  so  construed  as  to  prevent  the  general 
assembly  from  establishing  a  state  bank,  and  branches,  not  exceeding 
one  branch  for  any  three  counties,  to  be  established  at  such  place  within 
such  counties  as  the  directors  of  the  state  bank  may  select ;  provided 
there  be  subscribed  and  paid  in  specie,  on  the  part  of  the  individuals,  a 
sum  equal  to  thirty  thousand  dollars :  Provided  also,  that  the  bank  at 
Vincennes,  and  the  Farmers'  and  Mechanics'  bank  of  Indiana,  at  Madi- 
son, shall  be  considered  as  incorporated  banks,  according  to  the  true 
tenor  of  the  charters  granted  to  said  banks  by  the  legislature  of  the 
Indiana  territory :  Provided,  that  nothing  herein  contained  shall  be  so 
construed  as  to  prevent  the  general  assembly  from  adopting  either  of 
ihe  aforesaid  banks,  as  the  state  bank  ;  and  in  case  either  of  them  shall 


286  constiti:tion  OF 

he  adopted  as  the  state  bank,  the  other  may  become  a  branch,  under  the 
rules  and  regulations  hereinbefore  prescribed. 

ARTICLE    11. 

§  1.  Every  person  who  shall  be  chosen  or  appointed  to  any  office  of 
trust  or  profit  under  the  authority  of  this  state,  shall,  before  entering  on 
the  duties  of  said  office,  take  an  oath  or  affirmation,  before  any  person 
lawfully  authorized  to  administer  oaths,  to  support  the  constitution  of 
the  United  States,  and  the  constitution  of  this  state,  and  also  an  oath  of 
office. 

2.  Treason  against  this  state  shall  consist  only  in  levying  war  against 
it,  in  adhering  to  its  enemies,  or  giving  them  aid  and  comfort. 

3.  No  person  shall  be  convicted  of  treason,  unless  on  the  testimony  of 
two  witnesses  to  the  same  overt  act,  or  his  own  confession  in  open  court. 

4.  The  manner  of  administering  an  oath  or  affirmation  shall  be  such 
as  is  most  consistent  with  the  conscience  of  the  deponent,  and  shall  be 
esteemed  the  most  solemn  appeal  to  God. 

5.  Every  person  shall  be  disqualified  from  serving  as  governor,  lieu- 
tenant-governor, senator,  or  representative,  for  the  term  for  which  he 
shall  have  been  elected,  who  shall  have  been  convicted  of  having  given 
or  offered  any  bribe,  threat,  or  reward,  to  procure  his  election. 

6.  All  officers  shall  reside  within  the  state  ;  and  all  district,  county,  or 
town  officers,  within  their  respective  districts,  counties,  or  towns,  (the 
trustees  of  the  town  of  Clarksville  excepted,)  and  shall  keep  their  respec- 
tive offices  at  such  places  therein  as  may  be  directed  by  law ;  and  all  mi- 
litia officers  shall  reside  within  the  bounds  of  the  division,  brigade,  regi- 
ment, battalion,  or  company,  to  which  they  may  severally  belong. 

7.  There  shall  be  neither  slavery  nor  involuntary  servitude  in  this 
state,  otherwise  than  for  the  punishment  of  crimes,  whereof  the  party 
shall  have  been  duly  convicted.  Nor  shall  any  indenture  of  any  negro  or 
mulatto,  hereafter  made  and  executed  out  of  the  bounds  of  this  state,  be 
of  any  validity  within  the  state. 

8.  No  act  of  the  general  assembly  shall  be  in  force  until  it  shall  have 
been  published  in  print,  unless  in  cases  of  emergency. 

9.  All  commissions  shall  be  in  the  name  and  by  the  authority  of  the 
state  of  Indiana,  and  sealed  with  the  state  seal,  and  signed  by  the  go- 
vernor, and  attested  by  the  secretary  of  the  state, 

10.  There  shall  be  elected  in  each  county  a  recorder,  who  shall  hold 
his  office  during  the  term  of  seven  years,  if  he  shall  so  long  behave  well : 
Provided,  that  nothing  herein  contained  shall  prevent  the  clerks  of  the 
circuit  courts  firom  holding  the  office  of  recorder. 

11.  Cory  don,  in  Harrison  county,  shall  be  the  seat  of  government  of 
the  state  of  Indiana,  until  the  year  eighteen  hundred  and  twenty-five, 
and  until  removed  by  law. 

12.  The  general  assembly,  when  they  lay  off  any  new  county,  shall  not 
reduce  the  old  county  or  counties  from  which  the  same  shall  be  taken, 
to  a  less  content  than  four  hundred  square  miles. 

13.  No  person  shall  hold  more  than  one  lucrative  office  at  the  same 
time,  except  as  in  this  constitution  expressly  permitted. 

14.  No  person  shall  be  appointed  as  a  county  officer,  within  any 
cdunty,  who  shall  not  have  been  a  citizen  and  an  inhabitant  therein  one 
year  next  preceding  an  appointment,  if  the  county  shall  have  been  so 


INDIANA.  287 

long  erected ;  but  if  the  county  shall  not  have  been  so  long  erected,  then 
within  the  Umits  of  the  county  or  counties  out  of  which  it  shall  have 
l)een  taken. 

15.  All  towns  and  township  officers  shall  be  appointed  in  such  manner 
as  shall  be  directed  by  law. 

16.  The  following  officers  of  government  shall  not  be  allowed  greater 
annual  salaries,  until  the  year  eighteen  hundred  and  nineteen,  than  as 
follows ;  the  governor,  one  thousand  dollars  ;  the  secretary  of  state,  four 
hundred  dollars  ;  the  auditor  of  public  accounts,  four  hundred  dollars , 
the  treasurer,  four  hundred  dollars ;  the  judges  of  the  supreme  court, 
eight  hundred  dollars  each  ;  the  presidents  of  the  circuit  courts,  eight 
hundred  dollars  each  ;  and  the  members  of  the  general  assembly,  not  ex- 
ceeding two  dollars  per  day,  each,  during  their  attendance  on  the  same, 
and  two  dollars  for  every  twenty-five  miles  they  shall  severally  travel,  on 
the  most  usual  route,  in  going  to,  and  returning  from  the  general  assem- 
bly ;  after  which  time  their  pay  shall  be  regulated  by  law.  But  no  law, 
passed  to  increase  the  pay  of  the  members  of  the  general  assembly,  shall 
take  effect  until  after  the  close  of  the  session  at  which  such  law  shall 
have  been  passed. 

17.  In  order  that  the  boundaries  of  the  state  of  Indiana  may  more 
clearly  be  known  and  established,  it  is  hereby  ordained  and  declared,  that 
the  following  shall  be  and  for  ever  remain  the  boundaries  of  the  said 
state,  to  wit :  Bounded  on  the  east  by  the  meridian  line  which  forms  the 
western  boundary  of  the  state  of  Ohio ;  on  the  south,  by  the  Ohio  river, 
from  the  mouth  of  the  Great  Miami  river  to  the  mouth  of  the  river  Wa- 
bash ;  on  the  west,  by  a  line  drawn  along  the  middle  of  the  Wabash 
river,  from  its  mouth  to  a  point  where  a  due  north  line,  drawn  from  the 
town  of  Vincennes,  would  last  touch  the  north-western  shore  of  the  said 
Wabash  river ;  and  from  thence,  by  a  due  north  line,  until  the  same  shall 
intersect  an  east  and  west  line  drawn  through  a  point  ten  miles  north 
of  the  southern  extreme  of  lake  Michigan  ;  on  the  north,  by  the  said  east 
and  west  line,  until  the  same  shall  intersect  the  first  mentioned  meridian 
line,  which  forms  the  western  boundary  of  the  state  of  Ohio. 

ARTICLE   12. 

§  1.  That  no  evils  or  inconvenience  may  arise  from  the  change  of  a 
territorial  government  to  a  permanent  state  government,  it  is  declared, 
by  this  constitution,  that  all  rights,  suits,  actions,  prosecutions,  recogni- 
zances, contracts,  and  claims,  both  as  it  respects  individuals  and  bodies 
corporate,  shall  continue  as  if  no  change  had  taken  place  in  this  govern- 
ment. 

2.  All  fines,  penalties,  and  forfeitures,  due  and  owing  to  the  territory 
of  Indiana,  or  any  county  therein,  shall  inure  to  the  use  of  the  state  or 
county.  All  bonds  executed  to  the  governor,  or  any  other  officer,  in  his 
official  capacity,  in  the  territory,  shall  pass  over  to  the  govern^>r  or  other 
officers  of  the  state  or  county,  and  their  successors  in  office,  for  the  use 
of  the  state  or  county,  or  by  him  or  them  to  be  respectively  assigned  over 
to  the  use  of  those  concerned,  as  the  case  may  be. 

3.  The  governor,  secretary,  and  judges,  and  all  other  officers,  both 
civil  and  military,  under  the  territorial  government,  shall  continue  in  the 
exercise  of  the  duties  of  their  respective  departments,  until  the  said 
officers  are  superseded  under  the  authority  of  this  constitution. 


•488  CONSTITUTION    OF 

4.  All  laws  and  parts  of  laws  now  in  force  in  this  territory,  not  in- 
consistent with  this  constitution,  shall  continue  and  remain  in  full  force 
and  effect,  until  they  expire,  or  be  repealed. 

5.  The  governor  shall  use  his  private  seal  until  a  state  seal  be  pro- 
cured. 

6.  The  governor,  secretary  of  state,  auditor  of  public  accounts,  and 
treasurer,  shall  severally  reside  and  keep  the  public  records,  books,  and 
papers,  in  any  manner  relating  to  their  respective  offices,  at  the  seat  of 
government :  Provided,  notwithstanding,  that  nothing  herein  contained 
shall  be  so  construed  as  to  affect  the  residence  of  the  governor  for  the  space 
of  six  months,  and  until  buildings  suitable  for  his  accommodation  shall 
be  procured  at  the  expense  of  the  state. 

7.  All  suits,  pleas,  plaints,  and  other  proceedings,  now  depending  in 
any  court  of  record,  or  justices'  court,  shall  be  prosecuted  to  final  judg- 
ment and  execution  ;  and  all  appeals,  writs  of  error,  certiorari,  injunc- 
tion, or  other  proceedings  whatever,  shall  progress,  and  be  carried  on,  in 
the  respective  court  or  courts,  in  the  same  manner  as  is  now  provided  by 
law,  and  all  proceedings  had  therein,  in  as  full  and  complete  a  manner 
as  if  this  constitution  were  not  adopted.  And  appeals  and  writs  of  error 
ma}-  be  taken  from  the  circuit  court  and  general  court,  now  established 
in  the  Indiana  territory,  to  the  supreme  court,  in  such  manner  as  shall  be 
provided  for  by  law. 

8.  The  president  of  this  convention  shall  issue  writs  of  election,  di- 
rected to  the  several  sheriffs  of  the  several  counties,  requiring  them  to 
cause  an  election  to  be  held  for  governor,  lieutenant-governor,  represen- 
tative to  the  congress  of  the  United  States,  members  of  the  general  assem- 
bly, sheriffs,  and  coroners,  at  the  respective  election  districts  in  each 
county,  on  the  first  Monday  in  August  next :  which  election  shall  be 
conducted  in  the  manner  prescribed  by  the  existing  election  laws  of  the 
Indiana  territory  ;  and  the  said  governor,  lieutenant-governor,  members 
of  the  general  assembly,  sheriffs,  and  coroners,  then  duly  elected,  shall 
continue  to  exercise  the  duties  of  their  respective  offices  for  the  time 
prescribed  by  this  constitution,  and  until  their  successor  or  successors 
are  qualified,  and  no  longer. 

9.  Until  the  first  enumeration  shall  be  made,  as  directed  by  this  con- 
stitution, the  county  of  Wayne  shall  be  entitled  to  one  senator  and  three 
representatives ;  the  county  of  Franklin,  one  senator  and  three  repre- 
sentatives ;  the  county  of  Dearborn,  one  senator  and  two  representatives ; 
the  county  of  Switzerland,  one  representative  :  and  the  county  of  Jeffer- 
son and  Switzerland,  one  senator  ;  and  the  county  of  Jefferson  two  re- 
presentatives ;  the  county  of  Clark,  one  senator  and  three  representatives ; 
the  county  of  Harrison,  one  senator  and  three  representatives  ;  the  coun- 
ties of  Washington,  Orange,  and  Jackson,  one  senator,  and  the  county 
of  Washington,  two  representatives  ;  the  counties  of  Orange  and  Jack- 
son, one  representative  each  ;  the  county  of  Knox,  one  senator  and  three 
representatives ;  the  county  of  Gibson,  one  senator  and  two  representa- 
tives ;  the  counties  of  Posey,  Warrick,  and  Perry,  one  senator,  and  each 
of  the  aforesaid  counties  of  Posey,  Warrick,  and  Perry,  one  representa- 
tive. 

10.  All  books,  records,  documents,  warrants,  and  papers,  appertaining 
and  belonging  to  the  office  of  territorial  treasurer  of  the  Indiana  territory, 
and  all  moneys  therein,  and  all  papers  and  documents  in  the  office  of  the 


1 1\  D  I  A  IN  A. 


289 


secretary  of  sa!d  territory,  shall  be  disposed  of  as  the  general  assembly 
of  this  state  may  direct. 

11.  All  suits,  actions,  pleas,  plaints,  prosecutions,  and  causes  whatso- 
ever, and  all  records,  books,  papers,  and  documents,  now  in  the  general 
court,  may  be  transferred  to  the  supreme  court  established  by  this  con- 
stitution :  And  all  causes,  suits,  actions,  pleas,  plaints,  and  prosecutions 
whatsoever,  now  existing  or  pending  in  the  circuit  courts  of  this  terri- 
tory, or  which  may  be  therein  at  the  change  of  government,  and  all 
records,  books,  papers,  and  documents,  relating  to  the  said  suits  or  filed 
in  the  said  courts,  may  be  transferred  over  to  the  circuit  courts  estab- 
lished by  this  constitution,  under  such  rules  and  regulations  as  the  gene- 
ral assembly  may  direct. 

Done  in  convention,  at  Corydon,  on  the  twenty-ninth  day  of  June,  in 
the  year  of  our  Lord  eighteen  hundred  and  sixteen,  and  of  the  inde- 
pendence of  the  United  States  the  fortieth. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names. 


Thomas  Carr, 
.lohn  K.  Graham, 
James  Lemon, 
James  Scott, 
James  Dill, 
Ezra  Ferris, 
Solomon  Manwaring, 
James  Brownlee, 
William  H.  Eads, 
Robert  Hanna, 
Enoch  M'Carty, 
James  Noble, 
Alexander  Devin, 
Fred.  Rapp, 
David  Robb, 
James  Smith, 
John  Boone, 
Davis  Floyd, 
Daniel  C.  Lane, 
Dennis  Pennington, 
Patrick  Shields, 

Attest, 


JONATHAN  JENNINGS, 

President  of  the  Convention. 

Nathaniel  Hunt, 
David  H.  Maxwell, 
Samuel  Smock, 
John  Badollet, 
John  Benefiel, 
Jno.  Johnson, 
Wm.  Polke, 
B.  Parke, 
Charles  Polke, 
Dann  Lynn, 
William  Cotton, 
John  De  Pauw, 
William  Graham, 
William  Lowe, 
Samuel  Milroy, 
Robert  M'Intire, 
Patrick  Baird, 
Jeremiah  Cox, 
Hugh  Cull, 
Joseph  Holman. 

William  Hendricks,  Secretary. 


ORDINANCE. 


JBe  it  ordained  by  the  representatives  of  the  people  of  the  territory 
of  Indiana,  in  convention  met,  at  Corydon,  on  Monday,  the  tenth  day 
of  June,  in  the  year  of  our  Lord  eighteen  hundred  and  sixteen,  That 
we  do,  for  ourselves  and  our  posterity,  agree,  determine,  declare,  and  or- 
dain, that  we  will,  and  do  hereby,  accept  the  propositions  of  the  congress 


290  CONSTITUTION    OF 

6f  the  United  States,  as  made  and  contained  in  their  act  of  the  nine- 
teenth day  of  April,  eighteen  hundred  and  sixteen,  entitled,  "  An  act  to 
enable  the  people  of  the  Indiana  territory,  to  form  a  state  government 
and  constitution,  and  for  the  admission  of  such  state  into  the  Union,  on 
an  equal  footing  with  the  original  states." 

And  we  do  further,  for  ourselves  and  our  posterity,  hereby  ratify,  con- 
firm, and  establish  the  boundaries  of  the  said  state  of  Indiana,  as  fixed, 
prescribed,  laid  down,  and  established,  in  the  act  of  congress  aforesaid  ; 
and  we  do,  also,  further,  for  ourselves  and  our  posterity,  hereby  agree, 
determine,  declare,  and  ordain,  that  each  and  every  tract  of  land  sold  by 
the  United  States,  lying  within  the  said  state,  and  which  shall  be  sold 
from  and  after  the  first  day  of  December  next,  shall  be  and  remain  ex- 
empt from  any  tax  laid  by  order  or  under  any  authority  of  the  said  stat« 
of  Indiana,  or  by  or  under  the  authority  of  the  general  assembly  thereof, 
whether  for  state,  county,  or  township,  or  any  other  purpose  whatever, 
for  the  term  of  five  years  from  and  after  the  day  of  sale  of  any  such  tract 
of  land  ;  and  we  do,  moreover,  for  ourselves  and  our  posterity,  hereby 
declare  and  ordain,  that  this  ordinance,  and  every  part  thereof,  shall  for 
ever  be  and  remain  irrevocable  and  inviolate,  without  the  consent  of  the 
United  States,  in  congress  assembled,  first  had  and  obtained  for  the 
alteration  thereof,  ur  any  part  thereof. 

JONATHAN  JENNINGS, 

President  of  the  Convention. 
June  29th,  1816. 

Attest,  William  Hendricks,  Secretary. 


CONSTITUTION  OF  LOUISIANA. 


Constitution  or  form  of  Government  of  the  State  of  Louisiana. 

We,  the  representatives  of  the  people  of  all  that  part  of  the  territory 
or  county  ceded  under  the  name  of  Louisiana,  by  the  treaty  made  at 
Paris,  on  the  30th  day  of  April,  1803,  between  the  United  States  and 
France,  contained  in  the  following  limits,  to  wit :  beginning  at  the  mouth 
of  the  river  Sabine  ;  thence,  by  a  line  to  be  drawn  along  the  middle  of  said 
river  including  all  islands,  to  the  thirty -second  degree  of  latitude  ;  thence, 
due  north,  to  the  northernmost  part  of  the  thirty-third  degree  of  north 
latitude  ;  thence  along  the  said  parallel  of  latitude,  to  the  river  Missis- 
sippi ;  thence,  down  the  said  river,  to  the  river  Iberville,  and  from  thence, 
along  the  middle  of  the  said  river,  and  lakes  Meurepas  and  Ponchartrain 
to  the  gulf  of  Mexico ;  thence  bounded  by  the  said  gulf,  to  the  place  of 
beginning,  including  all  islands  within  three  leagues  of  the  coast ;  in 
convention  assembled,  by  virtue  of  an  act  of  congress,  entitled,  "  An  act 
to  enable  the  people  of  the  territory  of  Orleans  to  form  a  constitution 
and  state  government,  and  for  the  admission  of  the  said  state  into  the 


LOUISIANA.  29J 

Union,  on  an  equal  footing  with  the  original  states,  and  for  other  pur- 
poses ;"  in  order  to  secure  to  all  the  citizens  thereof  the  enjoyment  of  the 
rights  of  life,  liberty,  and  property,  do  ordain  and  establish  the  following 
constitution  or  form  of  government,  and  do  mutually  agree  with  each 
other  to  form  ourselves  into  a  free  and  independent  state,  by  the  name 
of  the  State  of  Louisiana.  ^ 

AB.TICLE   1. 

Concerning  the  distributioji  of  the  powers  of  Government. 

4  1.  The  powers  of  the  government  of  the  state  of  Louisiana  shall  be 
divided  into  three  distinct  departments,  and  each  of  them  be  contined 
to  a  separate  body  of  magistracy,  to  wit :  those  which  are  legislative, 
to  one  ;  those  which  are  executive,  to  another ;  and  those  which  are  judi- 
ciary, to  another. 

2.  No  person,  or  collection  of  persons,  being  one  of  those  departments, 
shall  exercise  any  power  properly  belonging  to  either  of  the  others  ;  ex- 
cept in  the  instances  hereinafter  expressly  directed  or  permitted. 

auticle  2. 

Concerning  the  Legislative  Department. 

§  1.  The  legislative  power  of  this  state  shall  be  vested  in  two  distinct 
branches  ;  the  one  to  be  called  the  house  of  representatives,  the  other  the 
senate  ;  and  both  together  the  general  assembly  of  the  state  of  Louisiana. 

2.  The  members  of  the  house  of  representatives  shall  continue  in  ser- 
vice for  the  term  of  two  years,  from  the  day  of  the  commencement  of  the 
general  election. 

3.  Representatives  shall  be  chosen  on  the  first  Monday  in  July,  every 
two  years  ;  and  the  general  assembly  shall  convene  on  the  first  Monday 
in  January,  in  every  year,  unless  a  different  day  be  appointed  by  law  ; 
and  their  sessions  shall  be  held  at  the  seat  of  government. 

4.  No  person  shall  be  a  representative  who,  at  the  time  of  his  election, 
is  not  a  free  white  male  citizen  of  the  United  States,  and  hath  not  at- 
tained the  age  of  twenty-one  years,  and  resided  in  this  state  two  years 
next  preceding  his  election,  and  the  last  year  thereof  in  the  county  of 
which  he  may  be  chosen,  or  in  the  district  for  which  he  is  elected,  in 
case  the  said  counties  may  be  divided  into  separate  districts  of  election, 
and  has  not  held  for  one  year,  in  the  said  county  or  district,  landed  pro- 
perty to  the  value  of  five  hundred  dollars,  agreeably  to  the  tax  list. 

5.  Elections  for  representatives  for  the  several  counties  entitled  to  re- 
presentation, shall  be  held  at  the  places  of  holding  their  respective  courts, 
or  in  the  several  election  precincts  into  which  the  legislature  may  think 
proper  from  time  to  time  to  divide  any  or  all  of  those  counties. 

6.  Representation  shall  be  equal  and  uniform  in  this  state ;  and  shall 
be  for  ever  regulated  and  ascertained  by  the  number  of  qualified  electors 
therein.  In  the  year  one  thousand  eight  hundred  and  thirteen,  and 
every  four  years  thereafter,  an  enumeration  of  all  the  electors  shall  be 
made  in  such  manner  as  shall  be  directed  by  law.  The  number  of  re- 
presentatives shall,  in  the  several  years  of  making  these  enumerations, 
be  so  fixed  as  not  to  be  less  than  twenty-five  nor  more  than  fifty. 


292  CONSTITUTION    OF 

7.  The  house  of  representatives  shall  choose  its  speaker  and  other 
officers. 

8.  In  all  elections  for  representatives,  every  free  white  male  citizen  of 
the  United  States,  who,  at  the  time  being,  hath  attained  to  the  age  of 
twenty-one  years,  and  resided  in  the  county  in  which  he  offers  to  vote 
for  one  year  next  preceding  the  election,  and  who  in  the  last  six  months 
prior  to  the  said  election  shall  have  paid  a  state  tax,  shall  enjoy  the  rights 
of  an  elector  :  Provided,  however,  that  eveiy  free  white  male  citizen  of 
the  United  States,  who  shall  have  purchased  lands  from  the  United 
States,  shall  have  the  right  of  voting  whenever  he  shall  have  the  othei 
qualifications  of  age  and  residence  above  prescribed.  Electors  shall,  in 
all  cases  except  treason,  felony,  breach  or  surety  of  the  peace,  be  privi- 
leged from  arrest  during  their  attendance  at,  going  to,  or  returning  from 
elections. 

9.  The  members  of  the  senate  shall  be  chosen  for  the  term  of  four 
years  ;  and  when  assembled,  shall  have  the  power  to  choose  its  officers 
annually. 

10.  The  state  shall  be  divided  into  fourteen  senatorial  districts,  which 
shall  for  ever  remain  indivisible,  as  follows :  the  parish  of  St.  Bernard 
and  Plaquemine  ;  including  the  country  above  as  far  as  the  canal  (des 
pecheurs)  on  the  east  of  the  Mississippi,  and  on  the  west  as  far  as  Ber- 
nody's  canal,  shall  form  one  district.  The  city  of  New  Orleans,  begin- 
ning at  the  Nuns'  Plantation  above,  and  extending  below  as  far  as  the 
above-mentioned  canal,  (des  pecheurs,)  including  the  inhabitants  of  the 
Bayou  St.  John,  shall  form  the  second  district.  The  remainder  of  the 
county  of  Orleans  shall  form  the  third  district.  The  counties  of  German 
Coast,  Acadia,  Lafourche,  Iberville,  Point  Coupee,  Concordia,  Attakapas, 
Oppelousas,  Rapides,  Nachitoches,  and  Ouachitta,  shall  each  form  one  dis- 
trict, and  each  district  shall  elect  a  senator. 

11.  At  the  first  session  of  the  general  assembly  after  this  constitution 
takes  effect,  the  senators  shall  be  divided  by  lot,  as  equally  as  may  be, 
into  two  classes  ;  the  seats  of  the  senators  of  the  first  class  shall  be  va- 
cated at  the  expiration  of  the  second  year,  and  of  the  second  class  at  the 
expiration  of  the  fourth  year,  so  that  a  rotation  shall  be  chosen  every 
two  years,  and  one-half  thereby  be  kept  up  perpetually. 

12.  No  person  shall  be  a  senator  who,  at  the  time  of  his  election,  is 
not  a  citizen  of  the  United  States,  and  who  hath  not  attained  to  the  age 
of  twenty-seven  years  ;  resided  in  this  state  four  years  next  preceding  his 
election,  and  one  year  in  the  district  in  which  he  may  be  chosen  :  and 
unless  he  holds  within  the  same  a  landed  property  of  the  value  of  one 
thousand  dollars,  agreeably  to  the  tax  list. 

13.  The  first  election  for  senators  shall  be  general  throughout  the 
state,  and  at  the  same  time  that  the  general  election  for  representa- 
tives is  held  ;  and  thereafter  there  shall  be  a  biennial  election  of  sena- 
tors to  fill  the  places  of  those  whose  time  of  service  may  have  expired. 

14.  Not  less  than  a  majority  of  the  members  of  each  house  of  the 
general  assembly  shall  form  a  quorum  to  do  business  ;  but  a  smaller 
number  may  adjourn  from  day  to  day,  and  shall  be  authorized  by  law  to 
compel  the  attendance  of  absent  members,  in  such  manner  and  under 
such  penalties  as  may  be  prescribed  thereby. 

15.  Each  house  of  the  general  assembly  shall  judge  of  the  qualifica- 


LOUISIANA.  293 

tions,  elections,  and  returns  of  its  members ;  but  a  contested   c'ection 
shall  be  determined  in  such  manner  as  shall  be  directed  by  law. 

16.  Each  house  of  the  general  assembly  may  determine  the  rules  of 
Us  proceedings ;  punish  a  member  for  disorderly  behaviour  ;  and  with 
the  concurrence  of  two-thirds,  expel  a  member,  but  not  a  second  time 
for  the  same  offence. 

17.  Each  house  of  the  general  assembly  shall  keep  and  publish 
weekly  a  journal  of  its  proceedings  ;  and  the  yeas  and  nays  of  the 
members  on  any  question  shall,  at  the  desire  of  any  two  of  them,  be  en- 
tered on  their  journal. 

18.  Neither  house,  during  the  session  of  the  general  assembly,  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than  three  days,  nor 
to  any  other  place  than  that  in  which  they  may  be  sitting. 

19.  The  members  of  the  general  assembly  shall  severally  receive  from 
the  public  treasury  a  compensation  for  their  services,  which  shall  be 
four  dollars  per  day,  during  their  attendance  at,  going  to,  and  return- 
ing from,  the  sessions  of  their  respective  houses.  Provided,  that  the 
same  may  be  increased  or  diminished  by  law  ;  but  no  alteration  shall 
take  effect  during  the  period  of  service  of  the  members  of  the  house 
of  representatives  by  whom  such  alteration  shall  have  been  made. 

20.  The  members  of  the  general  assembly  shall,  in  all  cases  except 
treason,  felony,  breach  or  surety  of  the  peace,  be  privileged  from  arrest, 
during  their  attendance  at  the  sessions  of  their  respective  houses,  and 
in  going  to  or  returning  from  the  same  ;  and  for  any  speech  or  debate 
in  either  house,  they  shall  not  be  questioned  in  any  other  place. 

21.  No  senator  or  representative  shall,  during  the  term  for  which  he 
was  elected,  or  one  year  thereafter,  be  appointed  or  elected  to  any 
civil  olhce  of  profit  under  this  state,  which  shall  have  been  created,  or 
the  emoluments  of  which  shall  have  been  increased,  during  the  time 
such  senator  or  representative  was  in  office,  except  to  such  offices  or 
appointments  as  may  be  filled  by  the  elections  of  the  people. 

22.  No  person,  while  he  continues  to  exercise  the  functions  of  a  cler- 
gyman, priest,  or  teacher,  of  any  religious  persuasion,  society,  or  sect, 
shall  be  eligible  to  the  general  assembly,  or  to  any  office  of  profit  or  trust 
under  this  state. 

23.  No  person  who  at  any  tmie  may  have  been  a  collector  of  taxes 
for  the  state,  or  the  assistant  or  deputy  of  such  collector,  shall  be  eligible 
to  the  general  assembly  until  he  shall  have  obtained  a  quietus  for  the 
amount  of  such  collection,  and  for  all  public  moneys  for  which  he  may 
be  responsible. 

24.  No  bill  shall  have  the  force  of  a  law  until,  on  three  several  days, 
it  be  read  over  in  each  house  of  the  general  assembly,  and  free  dis- 
cussion allowed  thereon  :  unless  in  case  of  urgency  four-fifths  of  the 
house,  where  the  bill  shall  be  depending,  may  deem  it  expedient  to  dis- 
pense with  this  rule. 

25.  All  bills  for  raising  revenue  shall  originate  in  the  house  of 
representatives,  but  the  senate  may  propose  amendments  as  in  other 
bills  :  provided,  that  they  shall  not  introduce  any  new  matter,  under  the 
colour  of  an  amendment,  which  does  not  relate  to  raising  a  revenue. 

26.  The  general  assembly  shall  regulate  by  law,  by  whom  and  in  what 
manner  writs  of  election  shall  be  issued  to  fill  the  vacancies  which  may 
happen  in  either  branch  thereof. 

^^  2  B  2 


294  CONSTITUTION    OF 

ARTICLE   3. 

Concerning  the  Executive  Department. 
§  1.  The  supreme  executive  powers  of  this  state  shall  be  vested  in 
a  chief  magistrate,  who  shall  be  styled  the   governor  of  the  state  of 
Louisiana. 

2.  The  governor  shall  be  elected  for  the  term  of  four  years,  in  the 
following  manner :  the  citizens  entitled  to  vote  for  representatives  shall 
vote  for  a  governor,  at  the  time  and  place  of  voting  for  representa- 
tives and  senators.  Their  votes  shall  be  returned  by  the  persons  pre- 
siding over  the  elections  to  the  seat  of  government,  addressed  to  the 
president  of  the  senate ;  and  on  the  second  day  of  the  general  assem- 
bly the  members  of  the  two  houses  shall  meet  in  the  house  of  repre- 
sentatives, and  immediately  after  the  two  candidates  who  shall  have 
obtained  the  giTatest  number  of  votes  shall  be  balloted  for,  and  the  one 
having  a  majority  of  votes  shall  be  governor  :  Provided,  however,  that 
if  more  than  two  candidates  have  obtained  the  highest  number  of  votes, 
it  shall  be  the  duty  of  the  general  assembly  to  ballot  for  them  in  the 
manner  above  prescribed ;  and  in  case  several  candidates  should  obtain 
an  equal  number  of  votes  next  to  the  candidate  who  has  obtained  the 
highest  number,  it  shall  be  the  duty  of  the  general  assemlily  to  select  in 
the  same  manner  the  candidate  who  is  to  be  balloted  for,  with  him  who 
has  obtained  the  highest  number  of  votes. 

3.  The  governor  shall  be  ineligible  for  the  succeeding  four  years  after 
the  expiration  of  the  time  for  which  he  shall  have  been  elected. 

4.  He  shall  be  at  least  thirty-five  years  of  age,  and  a  citizen  of  the 
United  States,  and  have  been  an  inhabitant  of  this  state  at  least  six 
years  preceding  his  election,  and  shall  hold  in  his  own  right  a  landed 
estate  of  live  thousand  dollars  value  agreeably  to  the  tax  list. 

5.  He  shall  commence  the  execution  of  his  office  on  the  fourth  Mon- 
day succeeding  the  day  of  his  election,  and  shall  continue  in  the  execu- 
tion thereof  until  the  end  of  four  weeks  next  succeeding  the  election 
of  his  successor,  and  until  his  successor  shall  have  taken  the  oath  or 
affirmation  prescribed  by  this  constitution. 

6.  No  member  of  congress,  or  person  holding  any  office  under  the 
United  States,  or  minister  of  any  religious  society,  shall  be  eligible  to 
the  office  of  governor. 

7.  The  governor  shall,  at  stated  times,  receive  for  his  services  a  com- 
pensation which  shall  neither  be  increased  nor  diminished  during  the 
term  for  which  he  shall  have  been  elected. 

8.  He  shall  be  commander-in-chief  of  the  army  and  navy  of  this  state, 
and  of  the  militia  thereof,  except  when  they  shall  be  called  into  the 
service  of  the  United  States ;  but  he  shall  not  command  personally  in 
the  field,  unless  he  shall  be  advised  so  to  do  by  a  resolution  of  the  gene- 
ral assembly. 

9.  He  shall  nominate  and  appoint,  with  the  advice  and  consent  of  the 
senate,  judges,  sheriffs,  and  all  other  officers  whose  offices  are  established 
by  this  constitution,  and  whose  appointments  are  not  herein  otherwise 
provided  for  :  Provided,  however,  that  the  legislature  shall  have  a  right 
to  prescribe  the  mode  of  appointment  of  all  other  offices  to  be  established 
by  law. 

10.  The  governor  shall  have  power  to  fill  up  vacancies  that  may  hap 


LOUISIANA.  295 

pen  during  the  recess  of  the  legislature,  by  granting  commissions  which 
shall  expire  at  the  end  of  the  next  session. 

11.  He  shall  have  power  to  remit  fines  and  forfeitures,  and  except  in 
cases  of  impeachment,  to  grant  reprieves  and  pardons,  with  the  appro- 
bation of  the  senate.  In  cases  of  treason  he  shall  have  power  to  grant 
reprieves,  until  the  end  of  the  next  session  of  the  general  assembly,  in 
which  the  power  of  pardoning  shall  be  vested. 

13.  He  may  require  information  in  writing  from  the  officers  in  the 
executive  department  upon  any  subject  relating  to  the  duties  of  their 
respective  offices. 

13.  He  shall  from  time  to  time  give  to  the  general  assembly  information 
respecting  the  situation  of  the  state,  and  recommend  to  their  considera- 
tion such  measures  as  he  may  deem  expedient. 

14.  He  may  on  extraordinary  occasions  convene  the  general  assembly 
at  the  seat  of  government,  or  at  a  diflerent  place,  if  that  should  have 
become  dangerous  from  an  enemy  or  from  contagious  disorders ;  and 
in  case  of  disagreement  between  the  two  houses,  with  respect  to  the  time 
of  adjournment,  he  may  adjourn  them  to  such  time  as  he  may  think 
proper,  not  exceeding  four  months. 

15.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

16.  It  shall  be  his  duty  to  visit  the  different  counties  at  least  once  in 
every  two  years,  to  inform  himself  of  the  state  of  the  militia  and  the 
general  condition  of  the  country. 

17.  In  case  of  the  impeachment  of  the  governor,  his  removal  from 
office,  death,  refusal  to  qualify,  resignation  or  absence  from  the  state,  the 
president  of  the  senate  shall  exercise  all  the  power  and  authority  ap^ 
pertaining  to  the  office  of  governor,  until  another  be  duly  qualified,  or 
the  governor  absent  or  impeached  shall  return  or  be  acquitted. 

18.  The  president  of  the  senate,  during  the  time  he  administers  the 
government,  shall  receive  the  same  compensation  which  the  governor 
would  have  received,  had  he  been  employed  in  the  duties  of  his  office. 

19.  A  secretary  of  state  shall  be  appointed  and  commissioned  during 
the  term  for  which  the  governor  shall  have  been  elected,  if  he  shall  so 
long  behave  himself  well :  he  shall  keep  a  fair  register,  and  attest  all 
official  acts  and  proceedings  of  the  governor ;  and  shall,  when  required, 
lay  the  same,  and  all  papers,  minutes,  and  vouchers  relative  thereto, 
before  either  house  of  the  general  assembly  :  and  shall  perform  such 
other  duties  as  may  be  enjoined  him  by  law. 

20.  Every  bill  which  shall  have  passed  both  houses  shall  be  present- 
ed to  the  governor ;  if  he  approve,  he  shall  sign  it ;  if  not,  he  shall  re- 
turn it  with  his  objections  to  the  house  in  which  it  shall  have  originated  ; 
who  shall  enter  the  objections  at  large  upon  their  journal,  and  proceed 
to  reconsider  it ;  if,  after  such  reconsideration,  two-thirds  of  all  the  mem- 
bers elected  to  that  house  shall  agree  to  pass  the  bill,  it  shall  be  sent 
with  the  objections  to  the  other  house,  by  which  it  shall  likewise  be  re- 
considered, and  if  approved  by  two-thirds  of  all  the  members  elected  to 
that  house,  it  shall  be  a  law ;  but  in  such  cases,  the  votes  of  both  houses 
shall  be  determined  by  yeas  and  nays,  and  the  names  of  the  members 
voting  for  and  against  the  bill  shall  be  entered  on  the  jou.nal  of  each 
house  respectively  :  if  any  bill  shall  not  be  returned  by  the  governor 
within  ten  days  (Sundays  excepted)  after  it  shall  have  been  presented 
♦o  him,  it  shall  be  a  law  in  like  manner  as  if  he  had  signed  it,  unless 


296  C  O  N  S  T  IT  U  TI 0  N  0  F 

the  general  assembly  by  their  adjournment  prevent  its  return,  in  which 
case  it  shall  be  a  law,  unless  sent  back  within  three  days  after  their  next 
meeting. 

21.  Every  order,  resolution,  or  vote,  to  which  the  concurrence  of  both 
houses  may  be  necessary,  except  on  a  question  of  adjournment,  shall  be 
presented  to  the  governor,  and,  before  it  shall  take  effect,  be  approved  by 
him  ;  or,  being  disapproved,  shall  be  repassed  by  two-thirds  of  both 
houses. 

22.  The  free  white  men  of  this  state  shall  be  armed  and  disciplined 
for  its  defence ;  but  those  who  belong  to  religious  societies  whose 
tenets  forbid  them  to  carry  arms,  shall  not  be  compelled  to  do  so,  but 
shall  pay  an  equivalent  for  personal  service. 

23.  The  militia  of  this  state  shall  be  organized  in  such  manner  as 
may  hereafter  be  deemed  most  expedient  by  the  legislature. 

AKTICLE   4. 

Concerning  the  Judiciary  Department. 

§  1.  The  judiciary  powers  shall  be  vested  in  a  supreme  court  and  in- 
ferior courts. 

2.  The  supreme  court  shall  have  appellate  jurisdiction  only,  which 
jurisdiction  shall  extend  to  all  civil  cases  when  the  matter  in  dispute 
shall  exceed  the  sum  of  three  hundred  dollars. 

3.  The  supreme  court  shall  consist  of  not  less  than  three  judges,  nor 
moi-e  than  five  ;  the  majority  of  whom  shall  form  a  quorum  :  each  of 
said  judges  shall  receive  a  salary  of  five  thousand  dollars  annually. 
The  supreme  court  shall  hold  its  sessions  at  the  places  hereinafter  men- 
tioned ;  and  for  that  purpose  the  state  is  hereby  divided  into  two  dis- 
tricts of  appellate  jurisdiction,  in  each  of  which  the  supreme  court  shall 
administer  justice,  in  the  manner  hereafter  prescribed.  The  eastern 
district  to  consist  of  the  counties  of  New  Orleans,  German  Coast,  Aca- 
dia, Lafourche,  Iberville,  and  Point  Coupee.  The  western  district  to 
consist  of  the  counties  of  Attakapas,  Oppelousas,  Rapides,  Concordia, 
Natchitoches,  and  Ouachitta.  The  supreme  court  shall  hold  its  ses- 
sions in  each  year,  for  the  eastern  district,  in  December,  January,  Feb- 
ruary, March,  April,  May,  June,  and  July  ;  and  for  the  western  district, 
at  the  Oppelousas,  during  the  months  of  August,  September,  and  Octo- 
ber, for  five  years  :  Provided,  however,  that  every  five  years  the  legisla- 
ture may  change  the  place  of  holding  said  court  in  the  western  district. 
The  said  court  shall  appoint  its  own  clerks. 

4.  The  legislature  is  authorized  to  establish  such  inferior  courts  as 
may  be  convenient  to  the  administration  of  justice. 

5.  The  judges,  both  of  the  supreme  and  inferior  courts,  shall  hold 
their  offices  during  good  behaviour  ;  but,  for  any  reasonable  cause  which 
shall  not  be  sufficient  ground  for  impeachment,  the  governor  shall  re- 
move any  of  them,  on  the  address  of  three-fourths  of  each  house  of  the 
general  assembly  :  Provided,  however,  that  the  cause  or  causes  for  which 
such  removal  may  be  required  shall  be  stated  at  length  in  the  address, 
and  inserted  on  the  journal  of  each  house. 

6.  The  J4idges,  by  virtue  of  their  office,  shall  be  conservators  of  the 
peace  throughout  the  state  ;  the  style  of  all  process  shall  be  "  The  State 
of  Louisiana."     All  prosecutions  shall  be  carried  pn  in  the  name  and  by 


T.OTTTSTANA.  297 

the  authority  of  the  state  of  Louisiana,  and  conclude,  against  the  peace 
and  dignity  of  the  same. 

7.  There  shall  be  an  attorney-general  for  the  state,  and  as  many  other 
prosecuting  attorneys  for  the  state  as  may  be  hereafter  found  necessary. 
The  said  attorneys  shall  be  appointed  by  the  governor,  with  the  ad- 
vice and  approbation  of  the  senate.  Their  duties  shall  be  determined 
by  law. 

8.  All  commissions  shall  be  in  the  name  and  by  the  authority  of  the 
state  of  Louisiana,  and  sealed  with  the  state  seal,  and  signed  by  the  go- 
vernor, 

9.  The  state  treasurer,  and  printer  or  printers  of  the  state  shall  be  ap- 
pointed, annually,  by  the  joint  vote  of  both  houses  of  the  general  assem- 
bly :  Provided,  that  during  the  recess  of  the  same,  the  governor  shall 
have  power  to  fill  vacancies  which  may  happen  in  either  of  the  said 
offices. 

10.  The  clerks  of  the  several  courts  shall  be  removable  for  breach  of 
good  behaviour  by  the  court  of  appeals  only,  who  shall  be  judge  of  the 
fact  as  well  as  of  the  law. 

n.  The  existing  laws  in  this  territory,  when  this  constitution  goes 
into  effect,  shall  continue  to  be  in  force  until  altered  or  abolished  by  the 
legislature  :  Provided,  however,  that  the  legislature  shall  never  adopt  any 
system  or  code  of  laws,  by  a  general  reference  to  the  said  system  or 
code  :  but  in  all  cases  shall  specify  the  several  provisions  of  the  laws  it 
may  enact. 

12.  The  judges  of  all  courts  within  this  state  shall,  as  often  as  it  may 
be  possible  so  to  do,  in  every  definite  judgment,  refer  to  the  particular 
law  in  virtue  of  which  such  judgment  is  founded. 

ARTICLE  5. 

Concerning'  Impeachment. 
§  1.  The  power  of  impeachment  shall  be  vested  in  the  house  of  re- 
presentatives alone. 

2.  All  impeachments  shall  be  tried  by  the  senate.  When  sitting  for 
that  purpose,  the  senators  shall  be  upon  oath  or  afiirmation  ;  and  no  per- 
son shall  be  convicted  without  the  concurrence  of  two-thirds  of  the 
members  present. 

3.  The  governor  and  all  the  civil  officers  shall  be  liable  to  impeach- 
ment for  any  misdemeanour  in  office  ;  but  judgment,  in  such  cases,  shall 
not  extend  further  than  to  removal  from  office,  and  disqualification  to 
hold  any  office  of  honour,  trust,  or  profit,  under  this  state  ;  but  the  par- 
ties convicted  shall,  nevertheless,  be  liable  and  subject  to  indictment, 
trial,  and  punishment,  according  to  law. 

ARTICLE    6. 

General  Provisions. 
§  1.  Members  of  the  general  assembly,  and  all  officers,  executive  and 
judicial,  before  they  enter  upon  the  execution  of  their  respective  offices, 
shall  take  the  following  oath  or  afiirmation  :  "  I  (A.  B.)  do  solemnly 
swear  (or  affirm)  that  I  will  faithfully  and  impartially  discharge  and 
I>erform  all  the  duties  incumbent  on  me,  as ,  according  to  the 


298  CONSTITUTION    OF 

best  of  my  abilities  and  understanding,  agreeably  to  the  rules  and  regu- 
lations of  the  constitution  and  the  laws  of  this  state  :  so  help  me  God." 

2.  Treason  against  the  state  shall  consist  only  in  levying  war  against 
It,  or  in  adhering  to  its  enemies,  giving  them  aid  and  comfort.  No  per- 
son shall  be  convicted  of  treason,  unless  on  the  testimony  of  two  wit- 
nesses to  the  same  overt  act,  or  his  confession  in  open  court. 

3.  Every  person  shall  be  disqualified  from  serving  as  governor,  sena- 
tor, or  representative,  for  the  term  for  which  he  shall  have  been  elected, 
who  shall  have  been  convicted  of  having  given  or  offered  any  bribe  to 
procure  his  election. 

4.  Jjaws  shall  be  made  to  exclude  from  office  and  from  suffrage  those 
who  shall  thereafter  be  convicted  of  bribery,  perjury,  forgery,  or  other 
high  crimes  and  misdemeanours.  The  privilege  of  free  suffrage  shall  be 
supported  by  laws  regulating  elections,  and  prohibiting,  under  adequate 
penalties,  all  undue  influence  thereon,  from  power,  bribery,  tumult,  or 
other  improper  practices. 

5.  No  money  shall  be  drawn  from  the  treasury  but  in  pursuance  of 
appropriations  made  by  law  ;  nor  shall  any  appropriation  of  money,  for 
the  support  of  an  army,  be  made  for  a  longer  term  than  one  year ;  and 
a  regular  statement  and  account  of  the  receipts  and  expenditures  of  all 
public  moneys  shall  be  published  annually. 

6.  It  shall  be  the  duty  of  the  general  assembly  to  pass  such  laws  as 
may  be  necessary  and  proper  to  decide  differences  by  arbitrators,  to  be 
appointed  by  the  parties  who  may  choose  that  summary  mode  of  adjust- 
ment. 

7.  All  civil  officers  for  the  state  at  large  shall  reside  within  the  state  ; 
and  all  district  or  county  officers,  within  their  respective  districts  or 
counties,  and  shall  keep  their  respective  offices  at  such  places  therein  as 
may  be  required  by  law. 

8.  The  legislature  shall  determine  the  time  of  duration  of  the  several 
public  offices,  when  such  time  shall  not  have  been  fixed  by  the  constitu- 
tion ;  and  all  civil  officers,  except  the  governor,  and  judges  of  the  supe- 
rior and  inferior  courts,  shall  be  removable  by  an  address  of  two-thirds 
of  the  members  of  both  houses  ;  except  those,  the  removal  of  whom 
has  been  otherwise  provided  for  by  this  constitution. 

9.  Absence  on  the  business  of  this  state  or  of  the  United  States  shall 
not  forfeit  a  residence  once  obtained,  so  as  to  deprive  any  one  of  the 
rights  o^*  suffrage,  or  of  being  elected  or  appointed  to  any  office  under 
this  state,  under  the  exceptions  contained  in  this  constitution. 

10.  It  shall  be  the  duty  of  the  general  assembly  to  regulate  by  law 
in  what  cases  and  what  deduction  from  the  salaries  of  public  officers 
shall  be  made  for  neglect  of  duty  in  their  official  capacity. 

11.  Return  of  all  elections  for  the  members  of  the  general  assembly 
shall  be  made  to  the  secretary  of  state  for  the  time  being. 

12.  The  legislature  shall  point  out  the  manner  in  which  a  man  coming 
into  the  country  shall  declare  his  residence. 

13.  In  all  elections  by  the  people,  and  also  by  the  senate  and  house 
of  representatives,  jointly  or  separately,  the  votes  shall  be  given  by 
ballot. 

14.  No  member  of  congress,  nor  person  holding  or  exercising  any 
office  of  trust  or  profit  under  the  United  States,  or  either  of  them,  or 


LOUISIANA.  299 

under  any  foreign  powers,  shall  be  eligible  us  a  member  of  the  gcneial 
assembly  of  this  state,  or  hold  or  exercise  any  office  of  trust  or  profit 
under  the  same. 

15.  All  laws  that  may  be  passed  by  the  legislature  of  the  state  of 
Louisiana,  and  the  judicial  and  legislative  written  proceedings  of  the 
same,  shall  be  promulgated,  preserved,  and  conducted,  in  the  language 
in  which  the  constitution  of  the  United  States  is  written. 

1 C.  The  general  assembly  shall  direct  by  law  how  persons  who  now 
are  or  may  hereafter  become  securities  for  public  officers,  may  be  returned 
or  discharged  on  account  of  such  securityship. 

1 7.  No  power  of  suspending  the  laws  of  this  state  shall  be  exercised, 
unless  by  the  legislature  or  its  authority. 

18.  In  all  criminal  prosecutions,  the  accused  shall  have  the  right  of 
being  heard,  by  himself  or  counsel  :  of  demanding  the  nature  and  cause 
of  the  accusation  against  him  :  of  meeting  the  witnesses  face  to  face  : 
of  having  compulsory  process  for  obtaining  witnesses  in  his  favour ;  and, 
in  prosecutions  by  indictment,  or  information,  a  speedy  public  trial  by  an 
impartial  jury  of  the  vicinage ;  nor  shall  he  be  compelled  to  give  evi- 
dence against  himself. 

19.  All  prisoners  shall  be  bailable  by  sufficient  securities,  unless  for 
capital  offences,  where  the  proof  is  evident  or  presumption  great ;  and 
the  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless  when  in  cases  of  rebellion  or  invasion  the  public  safety  may  re- 
quire it. 

20.  No  ex  post  facto  law,  nor  any  law  impairing  the  obligation  of 
contracts,  shall  be  passed. 

21.  Printing  presses  shall  be  free  to  every  person  who  undertakes  to 
examine  the  proceedings  of  the  legislature,  or  any  branch  of  the  govern- 
ment :  and  no  law  shall  ever  be  made  to  restrain  the  right  thereof.  The 
free  communication  of  thoughts  and  opinions  is  one  of  the  invaluable 
rights  of  man,  and  every  citizen  may  freely  speak,  write,  and  print  on 
any  subject,  being  responsible  for  the  abuse  of  that  liberty. 

22.  Emigration  from  the  state  shall  not  be  prohibited. 

23.  The  citizens  of  the  town  of  New  Orleans  shall  have  the  right  of 
appointing  the  several  public  officers  necessary  for  the  administration 
and  the  poUce  of  the  said  city,  pursuant  to  the  mode  of  election  which 
shall  be  prescribed  by  the  legislature :  Provided,  that  the  mayor  and  re- 
corder shall  be  ineligible  to  a  seat  in  the  general  assembly. 

24.  The  seat  of  government  shall  continue  at  New  Orleans  until  re- 
moved by  law. 

25.  All  laws  contrary  to  this  constitution  shall  be  null  and  void. 

ARTICLE    7. 

JMode  of  Revising  the  Constitution. 

§  1.  When  experience  shall  point  out  the  necessity  of  amending  this 
constitution,  and  a  majority  of  all  the  members  elected  to  each  house  of 
the  gereral  assembly  shall,  within  the  first  twenty  days  of  their  stated 
annua»  session,  concur  in  passing  a  law,  specifying  the  alterations  in- 
tended to  be  made,  for  taking  the  sense  of  the  good  people  of  this  state, 
as  to  the  necessity  and  expediency  of  calling  a  convention,  it  shall  be 
the   duty  of  the  several  returning  officers,  at  the  next  general  election 


300  CONSTITUTION    OF 

which  shall  be  held  for  representatives  after  the  passage  of  such  law,  to 
open  a  poll  for,  and  make  return  to  the  secretary  for  the  time  being,  of 
the  names  of  all  those  entitled  to  vote  for  representatives,  who  have  voted 
for  calling  a  convention  ;  and  if  thereupon  it  shall  appear  that  a  ma- 
jority of  all  the  citizens  of  this  state,  entitled  to  vote  for  representatives, 
have  voted  for  a  convention,  the  general  assembly  shall  direct  that  a 
similar  poll  shall  be  opened  and  taken  from  the  next  year  ;  and  if  there- 
upon it  shall  appear  that  a  majority  of  all  the  citizens  of  this  state  enti- 
tled to  vote  for  representatives  have  voted  for  a  convention,  the  general 
assembly  shall,  at  their  next  session,  call  a  convention,  to  consist  of  as 
many  members  as  there  shall  be  in  the  general  assembly,  and  no  more  ; 
to  bo  chosen  in  the  same  manner  and  proportion,  at  the  same  places, 
and  at  the  same  time,  that  representatives  are,  by  citizens  entitled  to  vote 
for  representatives  ;  and  to  meet  within  three  months  after  the  said  elec 
tion  for  the  purpose  of  readopting,  amending,  or  changing  this  constitu- 
tion. But  if  it  shall  appear,  by  the  vote  of  either  year,  as  aforesaid, 
that  a  majority  of  all  the  citizens  entitled  to  vote  for  representatives  did 
not  vote  for  a  convention,  a  convention  shall  not  be  called. 

SCHEDULE. 

§  1.  That  no  inconveniences  may  arise  from  a  change  of  a  territorial 
o  a  permanent  state  government,  .it  is  declared  by  the  convention,  that 
all  rights,  suits,  actions,  prosecutions,  claims,  and  contracts,  both  as  it 
respects  individuals  and  bodies  corporate,  shall  continue  as  if  no  change 
had  taken  place  in  this  government,  in  virtue  of  the  laws  now  in  foi'ce. 

2.  All  fines,  penalties,  and  forfeitures,  due  and  owing  to  the  territory 
of  Orleans  shall  inure  to  the  use  of  the  state.  All  bonds  executed  to 
the  governor,  or  any  other  officer  in  his  official  capacity  in  the  territory, 
shall  pass  over  to  the  governor,  or  to  the  officers  of  the  state,  and  their 
successors  in  office,  for  the  use  of  the  state,  by  him  or  by  them  to  be  re- 
spectively assigned  over  to  the  use  of  those  concerned,  as  the  case 
may  be. 

3.  The  governor,  secretary,  and  judges,  and  all  other  officers  under 
the  territorial  government,  shall  continue  in  the  exercise  of  the  duties  of 
their  respective  departments  until  the  said  ofHcers  are  superseded  under 
the  authority  of  the  constitution. 

4.  All  laws  now  in  force  in  this  territory,  not  inconsistent  with  this 
constitution,  shall  continue  and  remain  in  full  effect  until  repealed  by 
the  legislature. 

5.  The  governor  of  this  state  shall  make  use  of  his  private  seal,  until 
a  state  seal  be  procured. 

6.  The  oaths  of  office  herein  directed  to  be  taken  may  be  administered 
by  any  justice  of  the  peace,  until  the  legislature  shall  otherwise  direct. 

7.  At  the  expiration  of  the  time  after  which  this  constitution  is  to  go 
into  operation,  or  immediately  after  official  information  shall  have  been 
received  that  congress  have  approved  of  the  same,  the  president  of  the 
convention  shall  issue  writs  of  election  to  the  proper  officers  in  the  dif- 
ferent counties,  enjoining  them  to  cause  an  election  to  be  held  for  gover- 
nor and  members  of  the  general  assembly,  in  each  of  their  respective  dis- 
tricts. The  election  shall  commence  on  the  fourth  Monday  following 
the  day  of  the  president's  proclamation,  and  shall  take  place  on  the  same 


LOUISIANA.  301 

day  throughout  the  state.  The  mode  and  duration  of  the  said  election 
shall  be  determined  by  the  laws  now  in  force  ;  Provided,  however,  that 
in  case  of  absence  or  disability  of  the  president  of  the  convention  to 
cause  the  said  election  to  be  carried  into  effect,  the  secretary  of  the  con- 
vention shall  discharge  the  duties  hereby  imposed  on  the  president ;  and 
that  in  case  of  the  absence  of  the  secretary,  a  committee  of  Messrs. 
Blanque,  Brown,  and  Urquhart,  or  a  majority  of  them,  shall  discharge 
the  duties  herein  imposed  on  the  secretary  of  the  convention  ;  and  the 
members  of  the  general  assembly  thus  elected,  shall  assemble  on  the 
fourth  Monday  thereafter,  at  the  seat  of  government.  The  governor  and 
members  of  the  general  assembly,  for  this  time  onl}'^,  shall  enter  upon  the 
duties  of  their  respective  offices  immediately  after  their  election,  and 
shall  continue  in  office  in  the  same  manner,  and  during  the  same  period, 
they  would  have  done  had  they  been  elected  on  the  first  Monday  of 
July,  1812. 

8.  Until  the  first  enumeration  shall  be  made,  as  directed  in  the  sixth 
section  of  the  second  article  of  this  constitution,  the  county  of  New  Or- 
leans shall  be  entitled  to  six  representatives,  to  be  elected  as  follows :  one 
by  the  first  senatorial  district  within  the  said  county,  four  by  the  second 
district,  and  one  by  the  third  district ;  the  county  of  German  Coast  to 
two  representatives  ;  the  county  of  Acadia  to  two  representatives  ;  the 
county  of  Iberville  to  two  representatives  ;  the  county  of  Lafourche  to 
two  representatives,  to  be  elected  as  follows  :  one  by  the  parish  of  As- 
sumption, and  the  other  by  the  parish  of  the  Interior ;  the  county  of  Ra- 
pides to  two  representatives ;  the  county  of  Natchitoches  to  one  repre- 
sentative ;  the  county  of  Concordia  to  one  representative  ;  the  county  of 
Ouacliitta  to  one  representative  ;  the  county  of  Oppelousas  to  two  repre- 
sentatives ;  the  county  of  Attakapas  to  three  representatives,  to  be  elected 
as  follows  :  two  by  the  parish  of  St.  Martin,  and  the  third  by  the  parish 
of  St.  Mary  ;  and  the  respective  senatorial  districts,  created  by  this  con- 
stitution, to  one  senator  each. 

Done  in  convention,  at  New  Orleans,  the  22d  day  of  the  month  of 
January,  in  the  year  of  our  Lord  1812,  and  of  the  independence  of 
the  United  States  of  America  the  36th. 

J.  POYDRAS,  President  of  the  Convention, 

J.  D.  Degoutin  Bellesschase,  Bela  Hubbard,  jr. 

J.  Blanque,  St.  Martin, 

F.  J.  Le  Breton  D'Orgenoy,  H.  S.  Thibodaux, 

Mgre.  Guichard,  S.  Hiriart, 

S.  Henderson,  Robert  Hall, 

P.  Dennis  de  la  Ronde,  T.  F.  Oliver, 

F.  Livandais,  Levi  Wells, 

Bernard  Marigny,  P.  Bossier  Prud'liomme, 

Thomas  Urquhart,  James  Dunlap, 

J.  Villere,  D.  B.  Morgan, 

John  Watkins,  Henry  Bry, 

Samuel  Winters,  Allen  B.  Magruder, 

James  Brown,  D.  J.  Sutton, 

J.  N.  Destrehan,  John  Thompson, 

Andre  La  Branche,  _  Louis  De  Blanc, 

2  C 


302  '      CONSTITUTION   OT 

Michel  Cantrelle,  Henry  Johnson, 

G.  Roussin,  W.  C.  Maquille, 

Amant  Hebert,  Charles  Oliver, 

Wm.  Wikoff,  jr.  Alexander  Porter,  jr. 

Wm.  Goforth,  M.  L.  Reynaud. 

Attest,  Elijius  F»oMEir'riN,  Secretary  to  the  Convention, 


AN  ORDINANCE 

Relating  to  the  public  lands  of  the  United  States,  and  the  lands  oj 
non-resident  proprietors,  citizens  of  said  states,  -within  the  terri' 
tory  of  Orleans. 

Be  it  ordained,  by  the  representatives  of  the  people  of  the  territory  of 
Orleans,  in  convention  assembled,  agreeably  to  an  act  of  congress,  en- 
titled "  An  act  to  enable  the  people  of  the  territory  of  Orleans  to  form  a 
constitution  and  state  government,  and  for  the  admission  of  such  state 
into  the  Union,  on  an  equal  footing  with  the  original  states,  and  for 
other  purposes,"  that  the  people  inhabiting  the  said  territory  do  agree 
and  declare,  that  they  do  for  ever  disclaim  all  right  or  title  to  the  v^raste 
or  unappropriated  lands  lying  within  the  said  territory ;  and  that  the 
same  shall  be  and  remain  at  the  sole  and  entire  disposition  of  the  United 
States. 

And  be  it  further  ordained,  by  the  authority  aforesaid,  that  each  and 
every  tract  of  land  sold  by  congress,  shall  be  and  remain  exempt  from 
any  tax,  laid  by  the  order,  or  under  the  authority  of  the  state  of  Louisi- 
ana, whether  for  state,  county,  township,  parish,  or  any  other  purpose 
whatever,  for  the  term  of  five  years,  from  and  after  the  respective  days 
of  the  sales  thereof;  and  that  the  lands  belonging  to  the  citizens  of  the 
United  States,  residing  without  the  said  state,  shall  never  be  taxed  higher 
than  the  lands  belonging  to  persons  residing  therein  :  and  that  no  taxes 
shall  be  imposed  on  lands  the  property  of  the  United  States. 

And  be  it  further  ordained,  by  the  authority  aforesaid,  that  this  ordi- 
nance shall  never  be  revoked,  vnthout  the  consent  of  the  United  States 
in  congress  assembled,  being  first  obtained  for  that  purpose. 

By  the  unanimous  order  of  the  convention: 

J.  POYDRAS,  President  of  the  Convention, 
Elijius  YmoT/msiTS,  Secretary  to  the  Convention 

Done  in  convention,  at  New  Orleans,  this  28th  day  of  January,  in  the 
year  of  our  Lord  1813,  and  of  the  independence  of  the  United  Statea 
the  36th. 


MISSISSIPPI.  303 


CONSTITUTION  OF  MISSISSIPPI. 


AUTICIK     1. 

Declaration  of  Rights 

That  the  general,  great  and  essential  principles  of  liberty  and  free 
government  may  be  recognised  and  established,  we  declare  : — 

§  1.  That  all  freemen,  when  they  fofm  a  social  compact,  are  equal  in 
rights ;  and  that  no  man,  or  set  of  men,  are  entitled  to  exclusive,  sepa- 
rate public  emoluments  or  privileges  from  the  community,  but  in  con- 
sideration of  public  services. 

2.  That  all  political  power  is  inherent  in  the  people,  and  all  free 
governments  are  founded  on  their  authority  and  established  for  their 
benefit ;  and,  therefore,  they  have  at  all  times  an  unalienable  and  inde- 
feasible right  to  alter  or  abolish  their  form  of  government,  in  such  man- 
ner as  they  may  think  expedient 

3.  The  exercise  and  enjoyment  of  religious  profession  and  worship, 
without  discrimination,  shall  for  ever  be  free  to  all  persons  in  this  state  : 
Provided,  that  the  right  hereby  declared  and  established  shall  not  be  so 
construed  as  to  excase  acts  of  licentiousness,  or  justify  practices  incon- 
sistent with  the  peace  and  safety  of  the  state. 

4.  No  preference  shall  ever  be  given  by  law  to  any  religious  sect,  or 
mode  of  worship. 

5.  That  no  person  shall  be  molested  for  his  opinions  on  any  subject 
whatever,  nor  suffer  any  civil  or  political  incapacity,  or  acquire  any  civil 
or  political  advantage,  in  consequence  of  such  opinions,  except  in  cases 
provided  for  in  this  constitution. 

6.  Every  citizen  may  freely  speak,  write  and  publish  his  sentiments 
on  all  subjects ;  being  responsible  for  the  abuse  of  that  liberty. 

7.  No  law  shall  ever  be  passed  to  curtail  or  restrain  the  liberty  of 
speech,  or  of  the  press. 

8.  In  all  prosecutions  or  indictments  for  libel,  the  truth  may  be  given 
in  evidence;  and  if  it  shall  appear  to  the  jury  that  the  matter  charged 
as  libellous  is  true,  and  was  published  with  good  motives  and  for  justifi- 
able ends,  the  party  shall  be  acquitted ;  and  the  jury  shall  have  the  right 
to  determine  the  law  and  the  facts. 

9.  That  the  people  shall  be  secure  in  their  persons,  houses,  papers,  and 
possessions  from  unreasonable  seizures  and  searches ;  and  that  no  war- 
rant to  search  any  place,  or  to  seize  any  person  or  thing,  shall  issue  with- 
out describing  the  place  to  be  searched,  and  the  person  or  thing  to  be 
seized,  as  nearly  as  may  be,  nor  without  probable  cause,  supported  by  oath 
or  affirmation. 

10.  That  in  all  criminal  prosecutions  the  accused  hath  a  right  to 
be  heard,  by  himself  or  counsel,  or  both;  to  demand  the  nature  and 
cause  of  the  accusation ;  to  be  confronted  by  the  witnesses  against  him  ; 
to  have  compulsory  process  for  obtaining  witnesses  in  his  favour ;  and 
in  all  prosecutions  by  indictment  or  information  a  speedy  and  public  trial 
by  an  impartial  jury  of  the  county  where  the  offence  was  committed  • 


304  CONSTITUTIONOF 

that  he  cannot  be  compelled  to  give  evidence  against  himself,  nor  can 
he  be  deprived  of  his  life,  liberty  or  property,  but  by  due  course  of  law, 

11.  No  person  shall  be  accused,  arrested  or  detained,  except  in  casea 
ascertained  by  law,  and  according  to  the  form  which  the  same  has  pre- 
scribed ;  and  no  person  shall  be  punished  but  in  virtue  of  a  law 
established  and  promulgated  prior  to  the  offence,  and  legally  applied. 

12.  That  no  person  shall,  for  any  indictable  offence,  be  proceeded 
against  criminally  by  information  :  except  in  cases  arising  in  the  land 
or  naval  forces,  or  in  the  militia  when  in  actual  service,  or  by  leave 
of  the  court,  for  misdemeanor  in  office. 

13.  No  person  shall,  for  the  same  offence,  be  twice  put  in  jeopardy 
of  life  or  limb ;  nor  shall  any  person's  property  be  taken  ch:  applied 
to  public  use  without  the  consent  of  the  legislature,  and  without  just 
compensation  being  first  made  therefor. 

14.  That  all  courts  shall  be  open,  and  every  person  for  an  injury  done 
him  in  his  lands,  goods,  person,  or  reputation,  shall  have  remedy  by  due 
course  of  law,  and  right  and  justice  administered  without  sale,  denial  or 
delay. 

15.  That  no  power  of  suspending  laws  shall  be  exercised,  except  by 
the  legislature,  or  its  authority. 

16.  That  excessive  bail  shall  not  be  required,  nor  excessive  fines  im- 
posed, nor  cruel  punishments  inflicted. 

17.  That  all  prisoners  shall  before  conviction  be  bailable  by  sufficient 
securities,  except  for  capital  offences,  where  the  proof  is  evident,  or  the 
presumption  great ;  and  the  privilege  of  the  writ  of  habeas  corpus  shall 
not  be  suspended,  unless,  when  in  case  of  rebellion  or  invasion,  the 
public  safety  may  require  it. 

18.  That  the  person  of  a  debtor,  when  there  is  not  strong  presumption 
of  fraud,  shall  not  be  detained  in  prison,  after  delivering  up  his  estate  for 
the  benefit  of  his  creditors,  in  such  manner  as  shall  be  prescribed  by  law. 

19.  No  conviction  for  any  offence  shall  work  corruption  of  blood  or 
forfeiture  of  estate :  The  legislature  shall  pass  no  bill  of  attainder,  ex 
post  facto  law,  nor  law  impairing  the  obligation  of  contracts. 

20.  No  property  qualification  for  eligibility  to  office,  or  for  the  right 
of  suffrage,  shall  ever  be  required  by  law  in  this  state. 

21.  That  the  estates  of  suicides  shall  descend  or  vest  as  in  cases 
of  natural  death :  and  if  any  person  shall  be  killed  by  casuality,  there 
shall  be  no  forfeiture  by  reason  thereof. 

22.  That  the  citizens  have  a  right  in  a  peaceable  manner,  to  assemble 
together  for  their  common  good,  and  to  apply  to  those  vested  with  the 
powers  of  government  for  redress  of  grievances,  or  other  proper  pur. 
poses,  by  petition,  address  or  remonstrance. 

23.  Every  citizen  has  a  right  to  bear  arms  in  defence  of  himself  anti 
of  the  state. 

24.  No  standing  army  shall  be  kept  up  without  the  consent  of  the  le- 
gislature ;  and  the  military  shall  in  all  cases,  and  at  all  times,  be  in  strict 
subordination  to  the  civil  power. 

25.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house, 
without  the  consent  of  the  owner,  or  in  time  of  war,  but  in  manner  to 
be  prescribed  by  law» 

26.  That  no  hereditary  emoluments,  privileges  or  honours,  shall  evcT 
be  granted  or  conferred  in  this  state. 


MISSISSIPPI.  305 

27.  Emigration  from  this  state  shall  not  be  prohibited,  nor  shall  an)- 
free  white  citizen  of  this  state  ever  be  exiled  under  any  pretence  what- 
ever. 

28.  The  right  of  trial  by  jury  shall  remain  inviolate. 

29.  No  person  shall  be  debarred  from  prosecuting  or  defending  any 
civil  cause  for  or  against  him  or  herself  before  any  tribunal  in  tliis  state, 
by  him  or  herself,  or  counsel  or  both. 

30.  No  person  shall  ever  be  appointed  or  elected  to  any  office  in  this 
slate  for  life  or  during  good  behaviour  ;  but  the  tenure  of  all  offices  shall 
be  for  some  limited  period  of  time,  if  the  person  appointed  or  elected 
thereto  shall  so  long  behave  well. 

COXCLUSION. 

The  guard  against  transgressions  of  the  high  powers  herein  delegated, 
we  declare,  that  every  thing  in  this  article  is  excepted  out  of  the  general 
powers  of  government,  and  shall  forever  remain  inviolate;  and  that  all 
laws  contrary  thereto,  or  to  the  following  provisions,  shall  be  void. 

ARTICLE    2. 
Distribution  of  Powers, 

§  1 .  The  powers  of  the  government  of  the  state  of  Mississippi,  shall 
be  divided  into  three  distinct  departments,  and  each  of  them  confided  to 
a  separate  body  of  magistracy  ;  to  wit :  those  which  are  legislative  to 
one,  those  which  are  judicial  to  another,  and  those  which  are  executive 
to  another. 

2.  No  person,  or  collection  of  persons,  being  of  one  of  these  depart- 
ments, shall  exercise  any  power  properly  belonging  to  either  of  the 
others,  except  in  the  instances  hereinafter  expressly  directed  or  per- 
mitted. 

ARTICLK    3. 

Legislative  Depnrtme7it. 

§  1.  Every  free  white  male  person  of  the  age  of  twenty-one  years  or 
upwards,  who  shall  be  a  citizen  of  the  United  States,  and  shall  have  re- 
sided in  this  state  one  year  next  preceding  an  election,  and  the  last  four 
months  within  the  county,  city  or  town  in  which  he  offers  to  vote,  shall 
be  deemed  a  qualified  elector.  And  any  such  qualified  elector  who  may 
happen  to  be  in  any  county,  city  or  town  other  than  that  of  his  residence 
at  the  time  of  an  election,  or  who  shall  have  removed  to  any  county,  city 
or  town  within  four  months  preceding  the  election,  from  any  county, 
city  or  town,  in  which  he  would  have  been  a  qualified  elector  had  he  not 
so  removed,  may  vote  for  any  state  or  district  officer  or  member  of  con- 
gress, for  whom  he  could  have  voted  in  the  county  of  his  residence, 
or  the  county,  city  or  town,  from  which  he  may  have  so  removed. 

2.  Electors  shall,  in  all  cases,  except  in  those  of  treason,  felony  or 
breach  of  the  peace,  be  privileged  from  arrest,  during  their  attendance  on 
elections,  and  going  to  and  returning  from  the  same. 

3.  The  first  election  shall  be  by  ballot,  and  all  future  elections,  by  the 
people,  shall  be  regulated  by  law. 

4.  The  legislative  power  of  this  state  shall  be  vested  in  two  distinct 
branches ;  the  one  to  be  styled  "  the  senate,"  the  other  "  the  house  of 
representatives;"  and  both  together,  '  the  legislature  of  the  state  of  Mis- 

2c  2 


306  CONSTITUTION  OF 

sissippi."     And  the  style  of  their  laws  shall  be,  '•  Be  it  enacted  by  the 
leg'oslature  of  the  state  of  Mississippi." 

5.  The  members  of  the  house  of  representatives  shall  be  chosen  by  the 
qualified  electors,  and  shall  serve  for  the  term  of  two  years,  from  the  day 
of  the  commencement  of  the  general  election,  and  no  longer. 

6.  The  representatives  shall  be  chosen  every  two  years,  on  the  first 
Monday  and  day  following  in  November. 

7.  No  person  shall  be  a  representative  unless  he  be  a  citizen  of  the 
United  States,  and  shall  have  been  an  inhabitant  of  this  state  two  years 
next  preceding  his  election,  and  the  last  year  thereof  a  resident  of  the 
county,  city  or  town  for  which  he  shall  be  chosen  ;  and  shall  have 
attained  the  age  of  twenty-one  years. 

8.  Elections  for  representatives  for  the  several  counties,  shall  be  held 
at  the  places  of  holding  their  respective  courts,  or  in  the  several  election 
districts  into  which  the  county  may  be  divided  :  Provided,  That  when 
it  shall  appear  to  the  legislature  that  any  city  or  town  hath  a  number  of 
free  white  inhabitants  equal  to  the  ratio  then  fixed,  such  city  or  town 
shall  have  a  separate  representation,  according  to  the  number  of  free  white 
inhabitants  therein,  which  shall  be  retained  so  long  as  such  city  or  town 
shall  contain  a  number  of  free  white  inhabitants  equal  to  the  existing 
ratio,  and  thereafter  and  during  the  existence  of  the  right  of  separate 
representation  in  such  city  or  town,  elections  for  the  county  in  ^vaich 
such  city  or  town  entitled  to  a  separate  representation  is  situated,  shall 
not  be  held  in  such  city  or  town,  ^nd provided,  That  if  the  residuum 
or  fraction  of  any  city  or  town  entitled  to  separate  representation  shall, 
when  added  to  the  residuum  in  the  county  in  which  it  may  lie,  be  equal 
to  the  ratio  fixed  by  law  for  one  representative  ;  then  the  aforesaid  county, 
city  or  town,  having  the  largest  residuum,  shall  \ye  entitled  to  such  repre- 
sentation :  ..ind  provided  also,  That  when  there  are  two  or  more  coun- 
ties adjoining,  which  have  residuums  over  and  above  the  ratio  then  fixed 
by  law,  if  said  residuums,  when  added  together,  will  amount  to  such 
ratio,  in  that  case  one  representative  shall  be  added  to  that  county  having 
the  largest  residuum. 

9.  The  legislature  shall  at  their  first  session,  and  at  periods  of  not  less 
than  every  four,  nor  more  than  every  six  years,  until  the  year  1845,  and 
thereafter  at  periods  of  not  less  than  every  four,  nor  more  than  every 
eight  years,  cause  an  enumeration  to  be  made  of  all  the  free  white  inha- 
bitants of  this  state,  and  the  whole  number  of  representatives  shall,  at  the 
several  periods  of  making  such  enumeration,  be  fixed  by  the  legislature, 
and  apportioned  among  the  several  counties,  cities  or  towns  entitled  to 
separate  representation,  according  to  the  number  of  free  white  inhabitants 
in  each,  and  shall  not  be  less  than  thirty-six  nor  more  than  one  hundred  : 
Provided,  hoxvever.  That  each  county  shall  always  be  entitled  to  at 
least  one  representative. 

10.  The  whole  number  of  senators  shall,  at  the  several  periods  of 
making  the  enumeration  before  mentioned,  be  fixed  by  the  legislature, 
and  apportioned  among  the  several  districts  to  be  established  by  law, 
according  to  the  number  of  free  white  inhabitants  in  each,  and  shall 
never  be  less  than  one-fourth,  nor  more  than  one-third  of  the  whole 
number  of  representatives. 

11.  The  senators  shall  be  chosen  by  the  qualified  electors,  for  four 
years,  and  on  their  being  convened  in  consequence  of  the  first  election, 


MISSISSIPPI.  307 

they  shall  be  divided  by  lot  from  their  respective  districts  into  two  classes 
as  nearly  equal  as  can  be. — And  the  seats  of  the  senators  of  the  first 
class  shall  be  vacated  at  the  expiration  of  the  second  year. 

12.  Such  mode  of  classifying  new  additional  senators  shall  be  ob- 
served as  will  as  nearly  as  possible  preserve  an  equality  of  numbers  in 
each  class. 

13.  When  a  senatorial  district  shall  be  composed  of  two  or  more 
counties,  it  shall  not  be  entirely  separated  by  any  county  belonging  to 
another  district ;  and  no  county  shall  be  divided  in  forming  a  district. 

14.  No  person  shall  be  a  senator  unless  he  be  a  citizen  of  the  United 
States,  and  shall  have  been  an  inhabitant  of  this  state  four  years  next 
preceding  his  election,  and  the  last  year  thereof  a  resident  of  the  district 
for  which  he  shall  be  chosen,  and  have  attained  the  age  of  thirty  years. 

15.  The  house  of  representatives,  when  assembled,  shall  choose  a 
speaker  and  its  other  officers,  and  the  senate  shall  choose  a  president 
and  its  officers,  and  each  house  shall  judge  of  the  qualifications  and 
elections  of  its  own  members ;  but  a  contested  election  shall  be  deter- 
mined in  such  manner  as  shall  be  directed  by  law.  A  majority  of  each 
house  shall  constitute  a  quorum  to  do  business,  but  a  smaller  number 
may  adjourn  from  day  to  day,  and  may  compel  the  attendance  of  absent 
members,  in  such  manner  and  under  such  penalties  as  each  house  may 
provide. 

16.  Each  house  may  determine  the  rules  of  its  own  proceedings, 
punish  members  for  disorderly  behaviour,  and  with  the  consent  of  two- 
thirds,  expel  a  member,  but  not  a  second  time  for  the  same  cause ;  and 
shall  have  all  other  powers  necessary  for  a  branch  of  the  legislature  of  a 
free  and  independent  state. 

17.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  publish 
the  same  ;  and  the  yeas  and  nays  of  the  members  of  either  house,  on  any 
question,  shall  at  the  desire  of  any  three  members  present,  be  entered  on 
the  journal. 

18.  When  vacancies  happen  in  either  house,  the  governor,  or  the 
person  exercising  the  powers  of  the  governor,  shall  issue  writs  of  election 
to  fill  such  vacancies. 

19.  Senators  and  representatives  shall  in  all  cases,  except  of  treason, 
felony,  or  breach  of  the  peace,  be  privileged  from  arrest  during  the  session 
of  the  legislature,  and  in  going  to  and  returning  from  the  same,  allowing 
one  day  for  every  twenty  miles  such  member  may  reside  from  the  place 
at  which  the  legislature  is  convened. 

20.  Each  house  may  punish  by  imprisonment,  during  the  session,  any 
person,  not  a  member,  for  disrespectful  or  disorderly  behaviour  in  its  pre- 
sence, or  for  obstructing  any  of  its  proceedings :  Provided,  such  impri- 
sonment shall  not,  at  any  one  time,  exceed  forty-eight  hours. 

21.  The  doors  of  each  house  shall  be  open,  except  on  such  occasions 
of  great  emergency,  as,  in  the  opinion  of  the  house,  may  require  secrecy. 

22.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn  for 
more  than  three  days,  nor  to  any  other  place  than  that  in  which  they 
may  be  sitting. 

23.  Bills  may  originate  in  either  house,  and  be  amended,  altered  or  re- 
jected by  the  other,  but  no  bill  shall  have  the  force  of  a  law,  until  on  three 
several  days,  it  be  read  in  each  house,  and  free  discussion  be  allowed 
thereon,  unless  four-fifths. of  the  house  in  which  the  bill  shall  be  pending. 


308  CONSTITUTION  OF 

may  deem  it  expedient  to  dispense  with  this  rule ;  and  every  bill  having 
passed  both  houses,  shall  be  signed  by  the  speaker  and  president  of  tkeir 
respective  houses. 

24.  All  bills  for  raising  revenue  shall  originate  in  the  house  of  repre- 
sentatives, but  the  senate  may  amend  or  reject  them  as  other  bills. 

25.  Each  member  of  the  legislature  shall  receive  from  the  public 
treasury  a  compensation  for  his  services,  which  may  be  increased  or 
diminished  by  law ;  but  no  increase  of  compensation  shall  take  effect 
during  the  session  at  which  such  increase  shall  have  been  made. 

26.  No  senator  or  representative  shall,  during  the  term  for  which  he 
shall  have  been  elected,  nor  for  one  year  thereafter,  be  appointed  to  any 
civil  office  of  profit  under  this  state,  which  shall  have  been  created,  or 
the  emoluments  of  which  shall  have  been  increased,  during  such  term, 
except  such  offices  as  may  be  filled  by  elections  by  the  people  ;  and  no 
member  of  either  house  of  the  legislature  shall,  after  the  commencement 
of  the  first  session  of  the  legislature  after  his  election,  and  during  the 
remainder  of  the  term  for  which  he  is  elected,  be  eligible  to  any  office  or 
place,  the  appointment  to  which  may  be  made  in  whole  or  in  part  by 
either  branch  of  the  legislature. 

27.  No  judge  of  any  court  of  law  or  equity,  secretary  of  state,  attorney 
general,  clerk  of  any  court  of  record,  sheriff  or  collector,  or  any  person 
holding  a  lucrative  office  imder  the  United  States  or  this  state,  shall  be 
eligible  to  the  legislature  :  Provided,  That  offices  in  the  militia,  to  which 
there  is  attached  no  annual  salary,  and  the  office  of  justice  of  the  peace, 
chall  not  be  deemed  lucrative. 

28.  No  person  who  hath  heretofore  been,  or  hereafter  may  be,  a 
collector  or  holder  of  public  moneys,  shall  have  a  seat  in  either  house  of 
the  legislature,  until  such  person  shall  have  accounted  for,  and  paid  into 
the  treasury,  all  sums  for  which  he  may  be  accountable. 

29.  The  first  election  for  senators  and  representatives  shall  be  general 
throughout  the  state,  and  shall  be  held  on  the  first  Monday  and  day 
following  in  November,  1833  ;  and  thereafter,  there  shall  be  bienniai 
elections  for  senators  to  fill  the  places  of  those  whose  term  of  service 
may  have  expired. 

30.  The  first  and  all  future  sessions  of  the  legislature  shall  be  held  in 
the  town  of  Jackson,  in  the  county  of  Hinds,  until  the  year  1850. 
During  the  first  session  thereafter,  the  legislature  shall  have  power  to 
designate  by  law  the  permanent  seat  of  government :  Provided,  however, 
That  unless  such  designation  be  then  made  by  law,  the  seat  of  govern- 
ment shall  continue  permanently  at  the  town  of  Jackson.  The  first 
session  shall  commence  on  the  third  Monday  in  November,  in  the  year 
1833.  And  in  every  two  years  thereafter,  at  such  time  as  may  be  pre- 
scribed by  law. 

31.  The  governor,  secretary  of  state,  treasurer,  auditor  of  public  ac- 
counts, and  attorney  general,  shall  reside  at  the  seat  of  government. 

ARTICLE    4. 

Judicial  Department. 

§  1.  The  judicial  power  of  this  state  shall  be  vested  in  one  high  court 
of  errors  and  appeals,  and  such  other  courts  of  law  and  equity  as  are 
hereafter  proA'ided  for  in  this  constitution. 


2.  The  high  court  of  errors  and  appeals  shall  consist  of  three  judges, 
any  two  of  whom  shall  form  a  quorum.  The  legislature  shall  divide  the 
state  into  three  districts,  and  the  qualified  electors  of  each  district  shall 
elect  one  of  said  judges  for  the  term  of  six  years. 

.3.  The  office  of  one  of  said  judges  shall  he  vacated  in  two  years,  and 
of  one  in  four  years,  and  of  one  in  six  years,  so  that  at  the  expiration 
of  every  two  years,  one  of  said  judges  shall  be  elected  as  aforesaid. 

4.  The  high  court  of  errors  and  appeals  shall  have  no  jurisdiction, 
but  such  as  properly  lielongs  to  a  court  of  errors  and  appeals. 

5.  All  vacancies  that  may  occur  in  said  court,  from  death,  resignation 
or  removal,  shall  be  filled  by  election  as  aforesaid.  Provided,  however, 
that  if  the  unexpired  term  do  not  exceed  one  year,  the  vacancy  shall  be 
filled  by  executive  appointment. 

6.  No  person  shall  be  eligible  to  the  office  of  judge  of  the  high  court 
of  errors  and  appeals,  who  shall  not  have  attained,  at  the  time  of  his 
election,  the  age  of  thirty  years. 

7.  The  high  court  of  errors  and  appeals  shall  be  held  twice  in  each 
year,  at  such  place  as  the  legislature  shall  direct,  until  the  year  eighteen 
hundred  and  thirty-six,  and  afterwards  at  the  seat  of  government  of  the 
state. 

8.  The  secretary  of  state,  on  receiving  all  the  official  returns  of  the 
first  election,  shall  proceed,  forthwith,  in  the  presence  and  with  the  assist- 
ance of  two  justices  of  the  peace,  to  determine  by  lot  among  the  three 
candidates  having  the  highest  number  of  votes,  which  of  said  judges  elect 
shall  serve  for  the  term  of  two  years,  which  shall  serve  for  the  term  of 
four  years,  and  which  shall  serve  for  the  term  of  six  years,  and  having 
so  determined  the  same,  it  shall  be  the  duty  of  the  governor  to  issue 
commissions  accordingly. 

9.  No  judge  shall  sit  on  the  trial  of  any  cause  when  the  parties  or 
either  of  them  shall  be  connected  with  him  by  affinity  or  consanguinity, 
or  when  he  may  be  interested  in  the  same,  except  by  consent  of  the 
juJge  and  of  the  parties ;  and  whenever  a  quorum  of  said  court  are 
situated  as  aforesaid,  the  governor  of  the  state  shaft  in  such  case  spe- 
cially commission  two  or  more  men  of  law  knowledge  for  the  determina- 
tion thereof. 

10.  The  judges  of  said  court  shall  receive  for  their  services  a  compen- 
sation to  be  fixed  by  law,  which  shall  not  be  diminished  during  their 
continuance  in  office. 

11.  The  judges  of  the  circuit  court  shall  be  elected  by  the  qualified 
electors  of  each  judicial  district,  and  hold  their  offices  for  the  term  of  four 
years,  and  reside  in  their  respective  districts. 

12.  No  person  shall  be  eligible  to  the  office  of  judge  of  the  circuit 
court,  who  shall  not  at  the  time  of  his  election,  have  attained  the  age  of 
twenty-six  years. 

13.  The  state  shall  be  divided  into  convenient  districts,  and  each  dis- 
trict shall  contain  not  less  than  three  nor  more  than  twelve  counties. 

14.  The  circuit  court,  shall  have  original  jurisdiction  in  all  matters, 
civil  and  criminal,  within  this  state ;  but  in  civil  cases  only  when  the 
principal  of  the  sum  in  controversy  exceeds  fifty  dollars. 

15.  A  circuit  court  shall  be  held  in  each  county  of  this  state,  at  least 
twice  in  each  year;  and  the  judges  of  said  courts,  shall  interchange  cir- 
cuits with  each  other,  in  such  manner  as  may  be  prescribed  by  law. 


310  CONSTITUTION  OF 

and  shall  receive  for  their  services  a  compensation  to  be  fixed  by  law, 
which  shall  not  be  diminished  during  their  continuance  in  office. 

16.  A  separate  superior  court  of  chancery  shall  be  established,  with 
full  jurisdiction  in  all  matters  of  equity  ;  Provided,  however,  the  legisla- 
ture may  give  to  the  circuit  courts  of  each  county  equity  jurisdiction  in 
all  cases  where  the  value  of  the  thing,  or  amount  in  controversy,  does 
not  exceed  five  hundred  dollars;  also,  in  all  cases  of  divorce,  and  for  the 
foreclosure  of  mortgages.  The  chancellor  shall  be  elected  by  the  quali- 
hpd  electors  of  the  whole  state,  for  the  term  of  six  years,  and  shall  be  at 
\evt  thirty  years  old  at  the  time  of  his  election. 

I  /.  The  style  of  all  process,  shall  be  "  The  state  of  Mississippi,"  and 
all  prosecutions  shall  be  carried  on  in  the  name  and  by  the  authority  of 
"  The  state  of  Mississippi,"  and  shall  conclude  "  against  the  peace  and 
dignity  of  the  same." 

18.  A  court  of  probates  shall  be  established  in  each  county  of  this 
state,  with  jurisdiction  in  all  matters  testamentary  and  of  administration 
in  orphans'  business  and  the  allotment  of  dower,  increase  of  idiotcy  and 
lunacy,  and  of  persons  non  compos  mentis  ;  the  judge  of  said  court  shall 
be  elected  by  the  qualified  electors  of  the  respective  counties,  for  the  term 
of  two  years. 

19.  The  clerk  of  the  high  court  of  errors  and  appeals  shall  be  ap- 
pointed by  said  court  for  the  term  of  four  years,  and  the  clerks  of  the 
circuit,  probate,  and  other  inferior  courts,  shall  be  elected  by  the  quaUfied 
electors  of  the  respective  counties,  and  shall  hold  their  offices  for  the  term 
of  two  years. 

20.  The  qualified  electors  of  each  county  shall  elect  five  persons  for 
the  term  of  two  years,  who  shall  constitute  a  board  of  jwlice  for  each 
county,  a  majority  of  whom  may  transact  business ;  which  body  shall 
have  full  jurisdiction  over  roads,  highways,  ferries,  and  bridges,  and  all 
other  matters  of  county  police,  and  shall  order  all  county  elections  to  fill 
vacancies  that  may  occur  in  the  offices  of  their  respective  counties :  the 
clerk  of  the  court  of  probate  shall  be  the  clerk  of  the  board  of  county 
police. 

21.  No  person  shall  be  eligible  as  a  member  of  said  board,  who  shall 
not  have  resided  one  year  in  the  county  :  but  this  qualification  shall  not 
extend  to  such  new  counties  as  may  hereafter  be  established  until  one 
year  after  their  organization ;  and  all  vacancies  that  may  occur  in  said 
board  shall  be  supplied  by  election  as  aforesaid  to  fill  the  unexpired 
term. 

22.  The  judges  of  all  the  courts  of  the  state,  and  also  the  members  of 
the  board  of  county  police,  shall  in  virtue  of  their  offices  be  conservators 
of  the  peace,  and  shall  be  by  law  vested  with  ample  powers  in  this  respect. 

23.  A  competent  number  of  justices  of  the  peace  and  constables  shall 
be  chosen  in  each  county  by  the  qualified  electors  thereof,  by  districts, 
who  shall  hold  their  offices  for  the  term  of  two  years.  The  jurisdiction 
of  justices  of  the  peace  shall  be  limited  to  causes  in  which  the  principal 
of  the  amount  in  controversy  shall  not  exceed  fifty  dollars.  In  all  causes 
tried  by  a  justice  of  the  peace,  the  right  of  appeal  shall  be  secured  under 
such  rules  and  regulations  as  shall  be  prescribed  by  law. 

24.  The  legislature  may  from  time  to  time  establish  such  other  inferior 
courts  as  may  be  deemed  necessary,  and  abolish  the  same  whenever  they 
shall  deem  it  expedient. 


MISSISSIPPI.  311 

25.  There  shall  be  an  attorney  general  elected  by  the  qualified  electors 
#f  the  state  ;  and  a  competent  number  of  district  attorneys  shall  be  elect- 
ed by  the  qualified  voters  of  their  respective  districts,  whose  compensa- 
tion and  term  of  service  shall  be  prescribed  by  law. 

26.  The  legislature  shall  provide  by  law  for  determining  contested 
elections  of  judges  of  the  high  court  of  errors  and  appeals,  of  the  cir- 
cuit and  probate  courts,  and  other  officers. 

27.  The  judges  of  the  several  courts  of  this  state,  for  wilful  neglect  of 
duty  or  other  reasonable  cause,  shall  be  removed  by  the  governor  on  the 
address  of  two-thirds  of  both  houses  of  the  legislature  ;  the  address  to 
be  by  joint  vote  of  both  houses.  The  cause  or  causes  for  which  such 
removal  shall  be  required,  shall  be  stated  at  length  in  such  address,  and 
on  the  journals  of  each  house.  The  judge  so  intended  to  be  removed, 
shall  be  notified  and  admitted  to  a  hearing  in  his  own  defence  before  any 
vote  for  such  address  shall  pass  ;  the  yote  on  such  address  shall  be  taken 
by  yeas  and  nays,  and  entered  on  the  journals  of  each  house. 

28.  Judges  of  probate,  clerks,  sheriifs,  and  other  county  officers,  for 
wilful  neglect  of  duty,  or  misdemeanor  in  office,  shall  be  hable  to  present- 
ment or  indictment  by  a  grand  jury,  and  trial  by  a  petit  jury,  and  upon 
conviction  shall  be  removed  from  office. 

ARTICLE    5. 

Executive  Department. 
§  1.  The  chief  executive  power  of  this  state  shall  be  vested  in  a 
governor,  who  shall  hold  his  office  for  two  years  from  the  time  of  his 
installation. 

2.  The  governor  shall  be  elected  by  the  qualified  electors  of  the  state. 
The  returns  of  every  election  for  governor  shall  be  sealed  up  and  trans- 
mitted to  the  seat  of  government,  directed  to  the  secretary  of  state,  who 
shall  deliver  them  to  the  speaker  of  the  house  of  representatives,  at  the 
next  ensuing  session  of  the  legislature,  during  the  first  week  of  which 
session  the  speaker  shall  open  and  publish  them  in  the  presence  of  both 
houses  of  the  legislature.  The  person  having  the  highest  number  of 
votes  shall  be  governor ;  but  if  two  or  more  shall  be  equal  and  highest 
in  votes,  then  one  of  them  shall  be  chosen  governor  by  the  joint  ballot 
of  both  houses  of  the  legislature.  Contested  elections  for  governor  shall 
be  determined  by  both  houses  of  the  legislature,  in  such  manner  as  shall 
be  prescribed  by  law. 

3.  The  governor  shall  be  at  least  thirty  years  of  age,  shall  have  been 
a  citizen  of  the  United  States  for  twenty  years,  shall  have  resided  in  this 
state  at  least  five  years  next  preceding  the  day  of  his  election,  and  shall 
not  be  capable  of  holding  the  office  more  than  four  years  in  any  term 
of  six  years. 

4.  He  shall,  at  stated  times,  receive  for  his  services  a  compensation 
which  shall  not  be  increased  or  diminished  during  the  term  for  which  he 
shall  be  elected. 

5.  He  shall  be  commander  in  chief  of  the  army  and  navy  in  this 
state,  and  of  the  militia,  except  when  they  shall  be  called  into  the  service 
of  the  United  States. 

6.  He  may  require  information  in  writing,  from  the  officers  in  the 
executive  department,  on  any  subject  relating  to  the  duties  of  their 
respective  offices. 


312  CONSTITUTION    OF 

7.  He  may,  in  cases  of  emergency,  convene  the  legislature  at  the  seat 
of  government,  or  at  a  different  place,  if  that  shall  have  become,  since 
their  last  adjournment,  dangerous  from  an  enemy  or  from  disease ;  and 
ii3  case  of  disagreement  between  the  two  houses  with  respect  to  the  time 
of  adjournment,  adjourn  them  to  such  lime  as  he  shall  think  proper,  not 
beyond  the  day  of  the  next  stated  meeting  of  the  legislature. 

8.  He  shall  from  time  to  time  give  to  the  legislature  information  of 
the  state  of  the  government,  and  recommend  to  their  consideration  such 
measures  as  he  may  deem  necessary  and  expedient. 

9.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

10.  In  all  criminal  and  penal  cases,  except  in  those  of  treason  and 
impeachment,  he  shall  have  power  to  grant  reprieves  and  pardons,  and 
remit  fines  ;  and  in  cases  of  forfeiture  to  stay  the  collection  until  the  end 
of  the  mxt  session  of  the  legislature,  and  to  remit  forfeitures  by  and 
with  thtu  advice  and  consent  of  the  senate.  In  cases  of  treason  he  shall 
have  power  to  grant  reprieves  by  and  with  the  advice  and  consent  of 
the  senate,  but  may  respite  the  sentence  until  the  end  of  the  next  session 
of  the  legislature. 

11.  All  commissions  shall  be  in  the  name  and  by  the  authority  of  the 
state  of  Mississippi ;  be  sealed  with  the  great  seal,  and  signed  by  the 
governor,  and  be  attested  by  ihe  secretary  of  state. 

12.  There  shall  be  a  seal  of  this  state,  which  shall  be  kept  by  the  go- 
vernor, and  used  by  him  officially,  and  shall  be  called  the  great  seal  of 
the  state  of  Mississippi. 

13.  All  vacancies  not  provided  for  in  this  constitution  shall  be  filled 
in  such  manner  as  the  legislature  may  prescribe. 

14.  The  secretary  of  state  shall  be  elected  by  the  qualified  electors  of 
the  state,  and  shall  continue  in  office  during  the  term  of  two  years.  He 
shall  keep  a  fair  register  of  all  the  official  acts  and  proceedings  of  the 
governor,  and  shall,  when  required,  lay  the  same,  and  all  papers,  minutes, 
and  vouchers  relative  thereto,  before  the  legislature,  and  shall  perform 
such  other  duties  as  may  be  required  of  him  by  law. 

15.  Every  bill  which  shall  have  passed  both  houses  of  the  legislature 
shall  be  presented  to  the  governor ;  if  he  approve,  he  shall  sign  it,  but  if 
not,  he  shall  return  it  with  his  objections  to  the  house  in  which  it  shall 
have  originated,  which  shall  enter  the  objections  at  large  upon  their 
journals,  and  proceed  to  reconsider  it.  If  after  such  reconsideration  two- 
thirds  of  the  house  shall  agree  to  pass  the  bill,  it  shall  be  sent  with  the 
objections  to  the  other  house,  by  which  it  shall  likewise  be  reconsidered ; 
if  approved  by  two-thirds  of  that  house,  it  shall  become  a  law.  But  in 
such  case  the  votes  of  both  houses  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  members  voting  for  and  against  the  bill  shall  be 
entered  on  the  journals  of  each  house  respectively.  If  any  bill  shall  not 
be  returned  by  the  governor  within  six  days  (Sundays  excepted)  after  it 
shall  have  been  presented  to  him,  the  same  shall  become  a  law  in 
like  manner  as  if  he  had  signed  it,  unless  the  legislature  by  their 
adjournment  prevent  its  return,  in  which  case  it  shall  become  a 
law. 

16.  Every  order,  resolution,  or  vote,  to  which  the  concurrence  of  both 
houses  may  be  necessary,  except  resolutions  for  the  purpose  of  obtaining 
the  joint  action  of  both  houses,  and  on  questions  of  adjournment,  shall 
be  presented  to  the  governor,  and  before  it  shall'take  effect  be  approved 


MISSISSIPPI.  313 

by  him,  or  being  disapproved,  shall  be  repassed  by  both  houses  according 
to  the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 

17.  Whenever  the  office  of  governor  shall  become  vacani  by  death, 
resignation,  removal  from  office,  or  otherwise,  the  president  of  the  senate 
shall  exercise  the  office  of  governor  until  another  governor  shall  be  duly 
qualified  ;  and  in  case  of  the  death,  resignation,  removal  from  office,  or 
other  disqualification  of  the  president  of  the  senate  so  exercising  the  office 
of  governor,  the  speaker  of  the  house  of  representatives  shall  exercise 
the  office,  until  the  president  of  the  senate  shall  have  been  chosen  ;  and 
when  the  office  of  governor,  president  of  the  senate,  and  speaker  of 
the  house  shall  become  vacant,  in  the  recess  of  the  senate,  the  person 
acting  as  secretary  of  state  for  the  time  being,  shall  by  proclamation 
convene  the  senate,  that  a  president  may  be  chosen  to  exercise  the  office 
of  governor. 

18.  When  either  the  president  or  speaker  of  the  house  of  representa- 
tives shall  so  exercise  said  office,  he  shall  receive  the  compensation  of 
governor  only,  and  his  duties  as  president  or  speaker  shall  be  suspended, 
and  the  senate  or  house  of  representatives,  as  the  case  may  be,  shall  fill 
the  vacancy  until  his  duties  as  governor  shall  cease.  -- 

19.  A  sheriff,  and  one  or  more  coroners,  a  treasurer,  surveyor,  and 
ranger  shall  be  elected  in  each  county  by  the  qualified  electors  thereof, 
who  shall  hold  their  offices  for  two  years,  unless  sooner  removed ;  except 
that  the  coroner  shall  hold  his  office  until  his  successor  be  duly  qualified. 

20.  A  state  treasurer  and  auditor  of  public  accounts  shall  be  elected 
by  the  qualified  electors  of  the  state,  who  shall  hold  their  offices  for  the 
term  of  two  years,  unless  sooner  removed. 

J\Tilitia. 
§  1.  The  legislature  shall  provide  by  law  for  organizing  and  disciplin- 
ing the  militia  of  this  state,  in  such  manner  as  they  shall  deem  expe- 
dient, not  incompatible  with  the  constitution  and  laws  of  the  United 
States,  in  relation  thereto. 

2.  Commissioned  officers  of  the  militia  (staff  officers  and  the  officers 
of  volunteer  companies  excepted)  shall  be  elected  by  the  persons  liable 
to  perform  military  duty,  and  the  qualified  electors  within  their  respective 
commands,  and  shall  be  commissioned  by  the  governor. 

3.  The  governor  shall  have  power  to  call  forth  the  militia  to  execute 
the  laws  of  the  state,  to  suppress  insurrection,  and  repel  invasion. 

ARTICLE    6. 
Impeachments. 
§  1.  The  house  of  representatives  shall  have  the  sole  power  of  im- 
peaching. 

2.  All  impeachments  shall  be  tried  by  the  senate.  When  sitting  for 
that  purpose,  the  senators  shall  be  on  oath  or  affirmation.  No  person 
shall  be  convicted  without  the  concurrence  of  two-thirds  of  the  members 
present. 

3.  The  governor,  and  all  civil  officers,  shall  be  liable  to  impeachment 
for  any  misdemeanor  in  office,  but  judgment  in  such  cases  shall  not  ex- 
tend further  than  to  removal  from  office,  and  disqualification  to  hold  any 
office  of  honour,  trust,  or  profit  under  the  state  :  but  the  party  convict- 
ed shall,  nevertheless,  be  Uable  and  subject  to  indictment,  trial,  and 
punishment,  according  to  law,  as  in  other  cases, 

2  D 


314  CONSTITUTION    OF 

AIITICLE    7. 

General  Provisions. 

§  1.  Members  of  the  legislature,  and  all  officers,  executive  and  judi- 
cial, before  they  enter  upon  the  duties  of  their  respective  oilices,  shall 
take  the  following  oath  or  affirmation,  to  wit :  "  I  solemnly  swear  (or 
affirm,  as  the  case  may  be)  that  I  will  support  the  constitution  of  the 
United  States,  and  the  constitution  of  the  state  of  Mississippi,  so  long 
as  I  continue  a  citizen  thereof,  and  that  I  will  faithfully  discharge  to  the 
best  of  my  abilities  the  duties  of  the  office  of — — ,  according  to  law. 
So  help  me  God.'' 

2.  The  legislature  shall  pass  such  laws  to  prevent  the  evil  practice  of 
duelling  as  they  may  deem  necessary,  and  may  require  all  officers,  before 
they  enter  on  the  duties  of  their  respective  offices,  to  take  the  following 
oath  or  affirmation  :  "  I  do  solemnly  swear  (or  affirm,  as  the  case  may 
be)  that  I  have  not  been  engaged  in  a  duel,  by  sending  or  accepting 
a  challenge  to  fight  a  duel,  or  by  fighting  a  duel  since  the  first  day  of 
January,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty- 
three,  nor  will  I  be  so  engaged  during  my  continuance  in  office.  So 
help  me  God" 

3.  Treason  against  the  state  shall  consist  only  in  levying  war  against 
it,  or  in  adhering  to  its  enemies,  giving  them  aid  and  comfort.  No  per- 
son shall  be  convicted  of  treason,  unless  on  the  testimony  of  two  wit- 
nesses to  the  same  overt  act,  or  his  own  confession  in  open  court. 

4.  Every  person  shall  be  disqualified  from  holding  an  office  or  place 
of  honour  or  profit  under  the  authority  of  this  state,  who  shall  be  con- 
victed of  having  given  or  offered  any  bribe  to  procure  his  election. 
Laws  shall  he  made  to  exclude  from  office  and  from  suffrage  those  who 
shall  thereafter  be  convicted  of  bribery,  perjury,  forgery,  or  other  high 
crimes  or  misdemeanors.  The  privilege  of  free  suffrage  shall  be  sup- 
ported by  laws  regulating  elections,  and  prohibiting,  under  adequate  pen- 
alties, all  undue  influence  therein,  from  power,  bribery,  tumult,  or  other 
improper  conduct. 

5.  No  person  who  denies  the  being  of  a  God,  or  a  future  state  of  re- 
wards and  punishments,  shall  hold  any  office  in  the  civil  department  of 
this  state. 

6.  No  law  of  a  general  nature,  unless  otherwise  provided  for,  shall  be 
enforced  until  sixty  days  after  the  passage  thereof. 

7.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence  of 
an  appropriation  made  by  law,  nor  shall  any  appropriation  of  money  for 
the  support  of  an  army  be  made  for  a  longer  term  than  one  year. 

8.  No  money  from  the  treasurer  shall  be  appropriated  to  objects  of 
internal  improvement,  unless  a  bill  for  that  purpose  be  approved  by 
two-thirds  of  both  branches  of  the  legislature ;  and  a  regular  statement 
and  account  of  the  receipts  and  expenditures  of  public  moneys  shall  be 
published  annually. 

9.  No  law  shall  ever  be  passed  to  raise  a  loan  of  money  upon  the 
credit  of  the  state,  or  to  pledge  the  faith  of  the  state  or  the  payment  oi 
redemption  of  any  loan  or  debt,  unless  such  law  be  proposed  in  the 
senate  or  house  of  representatives,  and  be  agreed  to  by  a  majority  of  the 
members  of  each  house,  and  entered  on  their  journals  with  the  yeas  and 
nays  taken  thereon,  and  be  referred  to  the  next  succeeding  legislature,  and 


MISSISSIPPI.  315 

published  for  three  months  previous  to  the  next  regular  election,  in  three 
newspapers  of  the  state ;  and  unless  a  majority  of  each  branch  of  the 
legislature,  so  elected,  after  such  publication,  shall  agree  to,  and  pass 
such  law  ;  and  in  such  case  the  yeas  and  nays  shall  be  taken,  and  entered 
on  the  journals  of  each  house:  Provided,  that  nothing  in  this  section  shall 
be  so  construed  as  to  prevent  the  legislature  from  negotiating  a  further 
loan  of  one  and  a  half  million  of  dollars,  and  vesting  the  same  in  stock 
reserved  to  the  state  by  the  charter  of  the  Planters'  Bank  of  the  state  of 
Mississippi. 

10.  The  legislature  shall  direct,  by  law,  in  what  manner  and  in  what 
courts,  suits  may  be  brought  against  the  state. 

11.  Absence  on  business  of  this  state,  or  of  the  United  States,  or  on 
a  visit,  or  necessary  private  business,  shall  not  cause  a  forfeiture  of 
citizenship  or  residence  once  obtained. 

12.  It  shall  be  the  duty  of  the  legislature  to  regulate,  by  law,  the  cases 
in  which  deductions  shall  be  made  from  salaries  of  public  officers  for 
neglect  of  duty  in  their  official  capacity,  and  the  amount  of  such  de- 
duction. 

13.  No  member  of  congress,  nor  any  person  holding  any  office  of 
profit  or  trust  under  the  United  States,  (the  office  of  post-master  ex- 
cepted,) or  any  other  state,  of  the  union,  or  under  any  foreign  power, 
shall  hold  or  exercise  any  office  of  trust  or  profit  under  this  state. 

14.  Religion,  morality,  and  knowledge,  being  necessary  to  good  go- 
vernment, the  preservation  of  liberty,  and  the  happiness  of  mankind, 
schools,  and  the  means  of  education,  shall  for  ever  be  encouraged  in  this 
state. 

15.  Divorces  from  the  bonds  of  matrimony  shall  not  be  granted,  but 
in  cases  provided  for  by  law,  by  suit  in  chancery. 

16.  Returns  of  all  elections  by  the  people  shall  be  made  to  the  secre- 
tary of  state  in  such  manner  as  may  be  prescribed  by  law. 

17.  No  new  county  shall  be  established  by  the  legislature,  which  shall 
reduce  the  county  or  counties,  or  either  of  them,  from  which  it  may  be 
taken,  to  less  contents  than  live  hundred  and  seventy-six  square  miles ; 
nor  shall  any  new  county  be  laid  off  of  less  contents. 

IS.  The  legislature  shall  have  power  to  admit  to  all  the  rights  and 
privileges  of  free  white  citizens  of  this  state,  all  such  persons  of  the 
Choctaw  and  Chickasaw  tribes  of  Indians,  as  shall  choose  to  remain  in 
this  state,  upon  such  terms  as  the  legislature  may  from  time  to  time 
deem  proper. 

Slaves. 
§  1.  The  legislature  shall  have  no  power  to  pass  laws  for  the  emanci- 
pation of  slaves  without  the  consent  of  their  owners,  unless  where  the 
slave  shall  have  rendered  to  the  state  some  distinguished  service;  in 
which  case  the  owner  shall  be  paid  a  full  equivalent  for  the  slave  so 
emancipated.  They  shall  have  no  power  to  prevent  emigrants  to  this 
state  from  bringing  with  them  such  persons  as  are  deemed  slaves  by  the 
laws  of  any  one  of  the  United  States,  so  long  as  any  person  of  the  same 
age  or  description  shall  bR  continued  in  slavery  by  the  laws  of  this  state : 
Provided,  that  such  person  or  slave  be  the  bona  fide  property  of  such 
emigrants ;  and  provided,  also,  that  laws  may  be  passed  to  prohibit  the 
introduction  into  this  state  of  slaves  who  may  have  committed  high 


316  CONSTITUTION    OF 

crimes  in  other  states.  They  shall  have  power  to  pass  laws  to  permit 
the  owners  of  slaves  to  emancipate  them,  saving  the  rights  of  creditors, 
and  preventing  them  from  becoming  a  public  charge.  They  shall  have 
full  power  to  oblige  the  owners  of  slaves  to  treat  them  with  humanity  ; 
to  provide  for  them  necessary  clothing  and  provisions  ;  to  abstain  from 
all  injuries  to  them,  extending  to  life  or  limb  ;  and  in  case  of  their 
neglect  or  refusal  to  comply  with  the  directions  of  such  laws,  to  have 
such  slave  or  slaves  sold  for  the  benefit  of  the  owner  or  owners. 

2.  The  introduction  of  slaves  into  this  state  as  merchandise,  or  for 
sale,  shall  be  prohibited  from  and  after  the  first  day  of  May,  eighteen 
hundred  and  thirty-three  :  Provided,  that  the  actual  settler  or  settlers 
shall  not  be  prohibited  from  purchasing  slaves  in  any  state  in  this  union, 
and  bringing  them  into  this  state  for  their  own  individual  use,  until  the 
year  eighteen  hundred  and  forty-five. 

3.  In  the  prosecution  of  slaves  for  crimes  of  which  the  punishment  is 
not  capital,  no  inquest  by  a  grand  jury  shall  be  necessary  ;  but  the  pro- 
ceedings in  such  cases  shall  be  regulated  by  law. 

J\Iode  of  revising  the  Constitution: 

Whenever  two-thirds  of  each  branch  of  the  legislature  shall  deem  any 
change,  alteration,  or  amendment  necessary  to  this  constitution,  such 
proposed  change,  alteration,  or  amendment  shall  be  read  and  passed  by  a 
majority  of  two-thirds  of  each  house  respectively  on  each  day,  for  three 
several  days.  Public  notice  thereof  shall  then  be  given  by  the  secretary 
of  state,  at  least  six  months  preceding  the  next  general  election,  at 
which  the  qualified  electors  shall  vote  directly  for  or  against  such  change, 
alteration,  or  amendment ;  and  if  it  shall  appear  that  a  majority  of  the 
qualified  electors  voting  for  members  of  the  legislature,  shall  have  voted 
for  the  proposed  change,  alteration,  or  amendment,  then  it  shall  be  insert- 
ed by  the  next  succeeding  legislature,  as  a  part  of  this  constitution,  and 
not  otherwise. 

SCHEDULE. 

§  1.  All  rights  vested,  and  all  liabilities  incurred,  shall  remain  the 
same  as  if  this  constitution  had  not  been  adopted. 

2.  All  suits  at  law  or  in  equity,  now  pending  in  the  several  courts  of 
this  state,  may  be  transferred  to  such  court  as  may  have  proper  jurisdic- 
tion thereof. 

3.  The  governor  and  all  officers,  civil  and  military,  now  holding  com- 
missions under  the  authority  of  this  state,  shall  continue  to  hold  and  ex- 
ercise their  respective  offices  until  they  shall  be  superseded,  pursuant  to 
the  provisions  of  this  constitution,  and  until  their  successors  be  duly 
qualified. 

4.  All  laws  now  in  force  in  this  state,  not  repugnant  to  this  constitu- 
tion, shall  continue  to  operate  until  they  shall  expire  by  their  own  limi- 
tation, or  be  altered  or  repealed  by  the  legislature. 

5.  Immediately  upon  the  adoption  of  this  constitution,  the  president 
of  this  convention  shall  issue  writs  of  election  directed  to  the  sheriffs  of 
the  several  counties,  requiring  them  to  cause  an  election  to  be  held  on 
the  first  Monday  and  day  following  in  December  next,  for  members  of 
the  legislature,  at  the  respective  places  of  holding  elections  in  said  coun- 


ILLINOIS.  317 

ties,  which  elections  shall  be  conducted  in  the  manner  prescribed  by  the 
existing  election  laws  of  this  state :  and  the  members  of  the  legislature 
thus  elected,  shall  continue  in  office  until  the  next  general  election,  and 
shall  convene  at  the  seat  of  government  on  the  first  Monday  in  January, 
eighteen  hundred  and  thirty-three ;  and  shall  at  their  first  session  order 
an  election  to  be  held  in  every  county  of  this  state,  on  the  first  Monday 
in  May  and  day  following,  eighteen  hundred  and  thirty-three,  for  all 
state  and  county  officers  under  this  constitution,  (members  of  the  legisla- 
ture excepted,)  and  the  officers  then  elected  shall  continue  in  office  until 
the  succeeding  general  election  and  after,  in  the  same  manner  as  if  the 
election  had  taken  place  at  the  time  last  aforesaid. 

6.  Until  the  first  enumeration  shall  be  made,  as  directed  by  this  con- 
stitution, the  apportionment  of  senators  and  representatives  among  the 
several  districts  and  counties  in  this  state  shall  remain  as  at  present  fixed 
by  law. 

P.  RUTILIUS  R.  PRAY, 

President  of  the  Convention, 
and  Representative  from  the  county  of  Hancock, 

Attest,  JoHX  H.  Mat.lort,  Secretary. 


CONSTITUTION  OF  ILLINOIS. 


The  Constitntion  of  the  State  of  Illinois,  adopted  in  convention,  at 
Kaskaskia,  on  the  txveuty-sixth  day  of  August,  in  the  year  of  oxir 
Lord  one  thonsand  eight  hundred  and  eighteen,  and  of  the  inde- 
pendence  of  the  United  States  the  forty-third. 

The  people  of  the  Illinois  territory,  having  the  right  of  admission  into 
the  general  government,  as  a  member  of  the  Union,  consistent  with  thf 
constitution  of  the  United  States,  the  ordinance  of  congress  of  1787,  and 
the  law  of  congress  "  approved  April  18th,  1818,"  entitled  "  An  act  to 
enable  the  people  of  the  Illinois  territory  to  form  a  constitution  and  state 
government,  and  for  the  admission  of  such  state  into  the  Union  on  an 
equal  footing  with  the  original  states,  and  for  other  purposes  ;  in  ordei 
to  establish  justice,  promote  the  welfare,  and  secure  the  blessings  of 
liberty  to  themselves  and  their  posterity,  do,  by  their  representatives  in 
convention,  ordain  and  establish  the  following  constitution  or  form  of 
government ;  and  do  mutually  agree  with  each  other  to  form  themselves 
into  a  free  and  independent  state,  by  the  name  of  the  state  of  lUiiiois. 
And  they  do  hereby  ratify  the  boundaries  assigned  to  such  state  by  the 
act  of  congress  aforesaid,  which  are  as  follows,  to  wit :  beginning  at  the 
mouth  of  the  Wabash  river,  thence,  up  the  same,  and  with  the  line  of 
Indiana,  to  the  north-west  corner  of  said  state  ;  thence,  east,  with  the 
line  of  the  same  state,  to  the  middle  of  lake  Michigan  ;  thence,  north, 
along  the  middle  of  said  lake,  to  north  latitude  forty-two  degrees  and 
2  n  2 


ai8  CONSTITUTION    OP 

thirty  minutes  ;  thence,  west,  to  the  middle  of  the  Mississij)pi  river  ;  and 
thence,  down,  along  the  middle  of  that  river,  to  its  confluence  with  the 
Ohio  river ;  and  thence,  up  the  latter  river,  along  its  north-western 
shore,  to  the  beginning. 

AKTICLE    1. 

Concerning  the  distribntion  of  the  poivers  of  Goxwrnment. 

§  1.  The  powers  of  the  government  of  the  state  of  Illinois  shall  be  di- 
vided into  three  distinct  departments,  and  each  of  them  be  confided  to  A 
separate  body  of  magistracy,  to  wit :  those  which  are  legislative,  to  one  ; 
those  which  are  executive,  to  another ;  and  those  which  are  judiciary,  to 
another. 

2.  No  person,  or  collection  of  persons,  being  one  of  those  departments, 
shall  exercise  any  power  properly  belonging  to  either  of  the  others ;  ex- 
cept as  hereinafter  expressly  directed  or  permitted. 

Annci-K  2. 
§  1.  The  legislative  authority  of  this  state  shall  be  vested  in  a  gene- 
ral assembly,  which  shall  consist  of  a  senate  and  house  of  representa- 
tives, both  to  be  elected  by  the  people. 

2.  The  first  election  for  senators  and  representatives  shall  commence 
on  the  third  Thursday  of  September  next,  and  continue  for  that  and  the 
two  succeeding  days  ;  and  the  next  election  shall  be  held  on  the  first 
Monday  in  August,  one  thousand  eight  hundred  and  twenty ;  and  for 
ever  after,  elections  shall  be  held  once  in  two  years,  on  the  first  Monday 
of  August,  in  each  and  every  county,  at  such  places  therein  as  may  be 
provided  by  law. 

3.  No  person  shall  be  a  representative  who  shall  not  have  attained 
the  age  of  twenty-one  years,  who  shall  not  be  a  citizen  of  the  United 
States,  and  an  inhabitant  of  this  state  ;  who  shall  not  have  resided  with- 
in the  limits  of  the  county  or  district  in  which  he  shall  be  chosen  twelve 
months  next  preceding  his  election,  if  such  county  or  district  shall  have 
been  so  long  erected  ;  but  if  not,  then  within  the  limits  of  the  county  or 
counties,  district  or  districts,  out  of  which  the  same  shall  have  been 
taken,  unless  he  shall  have  been  absent  on  the  public  business  of  the 
United  States  or  of  this  state  ;  and  who,  moreover,  shall  not  have  paid  a 
state  or  county  tax. 

4.  The  senators,  at  their  first  session  herein  provided  for,  shall  be  di- 
vided by  lot  from  their  respective  counties  or  districts,  as  near  as  can  be, 
into  two  classes.  The  seats  of  the  senators  of  the  first  class  shall  be  va- 
cated at  the  expiration  of  the  second  year ;  and  those  of  the  second  class 
at  the  expiration  of  the  fourth  year,  so  that  one-half  thereof,  as  near  as 
possible,  may  be  biennially  chosen  for  ever  thereafter. 

5.  The  number  of  senators  and  representatives  shall,  at  the  first  session 
of  the  general  assembly,  holden  after  the  returns  herein  provided  for  are 
made,  be  fixed  by  the  general  assembly,  and  apportioned  among  the  seve- 
ral counties  or  districts  to  be  established  by  law,  according  to  the  num- 
ber of  white  inhabitants.  The  number  of  representatives  shall  not  be 
less  than  twenty-seven,  nor  more  than  thirty-six,  until  the  number  of 
inhabitants  within  this  state  shall  amount  to  one  hundred  thousand  ; 
and  the  number  of  senators  shall  never  be  less  than  one-third  nor  more 
than  one-half  of  the  number  of  representatives. 


ILLINOIS.  319 

6.  No  person  shall  be  a  senator  who  has  not  arrived  at  the  age  of 
twenty-five  years,  who  shall  not  be  a  citizen  of  the  United  States,  and 
who  shall  not  have  resided  one  year  in  the  county  or  distiict  in  which 
he  shall  be  chosen  immediately  preceding  his  election,  if  such  county  oi 
district  shall  have  been  so  long  erected  ;  but  if  not,  then  within  the  limits 
of  the  county  or  counties,  district  or  districts,  out  of  which  the  same 
shall  have  been  taken  ;  unless  he  shall  have  been  absent  on  the  public 
business  of  the  United  States,  or  of  this  state,  and  shall  not,  moreover, 
have  paid  a  state  or  county  tax. 

7.  The  senate  and  house  of  representatives,  when  assembled,  shall 
each  choose  a  speaker,  and  other  officers,  (the  speaker  of  the  senate  ex- 
cepted:) each  house  shall  judge  of  the  qualifications  and  elections  of  its 
members,  and  sit  upon  its  own  adjournments.  Two-thirds  of  each  house 
shall  constitute  a  quorum,  but  a  smaller  number  may  adjourn  from  day 
to  day,  and  compel  the  attendance  of  absent  members. 

8.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  publish 
them  ;  the  yeas  and  nays  of  the  members  on  any  question  shall,  at  the 
desire  of  any  two  of  them,  be  entered  on  the  journals. 

9.  Any  two  members  of  either  house  shall  have  liberty  to  dissent  and 
protest  against  any  act  or  resolution  which  they  may  think  injurious  to 
the  public  or  to  any  individual,  and  have  the  reasons  of  their  dissent  en- 
tered on  the  journals. 

10.  Each  house  may  determine  the  rules  of  its  proceedings,  punish 
its  members  for  disorderly  behaviour  ;  and,  with  the  concurrence  of  two- 
thirds,  expel  a  member,  but  not  a  second  time  for  the  same  cause. 

11.  When  vacancies  happen  in  either  house,  the  governor,  or  the 
person  exercising  the  powers  of  governor,  shall  issue  writs  of  election  to 
fill  such  vacancies. 

12.  Senators  and  representatives  shall,  in  all  cases  except  treason, 
felony,  or  breach  of  the  peace,  be  privileged  from  arrest  during  the  ses- 
sion of  the  general  assembly,  and  in  going  to  and  returning  from  the 
same ;  and  for  any  speech  or  debate  in  either  house,  they  shall  not  be 
questioned  in  any  other  place. 

13.  Each  house  may  punish,  by  imprisonment  during  its  session,  any 
person,  not  a  member,  who  shall  be  guilty  of  disrespect  to  the  house,  by 
any  disorderly  or  contemptuous  behaviour  in  their  presence  ;  provided 
such  imprisonment  shall  not  at  any  one  time  exceed  twenty-four  hours. 

14.  The  doors  of  each  house  and  of  committees  of  the  whole  shall  be 
kept  open,  except  in  such  cases  as,  in  the  opinion  of  the  house,  require 
secrecy.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn 
for  more  than  two  days,  nor  to  any  other  place  than  that  in  which  the 
two  houses  shall  be  sitting. 

15.  Bills  may  originate  in  either  house,  but  may  be  altered,  amended, 
or  rejected  by  the  other. 

16.  Every  bill  shall  be  read  on  three  different  days  in  each  house,  un- 
less, in  case  of  urgency,  three-fourths  of  the  house  where  such  bill  is  so 
depending  shall  deem  it  expedient  to  dispense  with  this  rule  :  and  every 
bill,  having  passed  both  houses,  shall  be  signed  by  the  speakers  of  their 
respective  houses. 

17.  The  style  of  the  laws  of  this  state  shall  be,  "  Be  it  enacted  by  the 
people  of  the  state  of  Illinois,  represented  in  the  general  assembly." 

18.  The  general  assembly  of  this  state  sb  '1  not  allow  the  following 


320  CONSTITUTION    OF 

officers  of  government  greater  or  smaller  annual  salaries  than  as  follows, 
until  the  year  one  thousand  eight  hundred  and  twenty-four :  the  go- 
vernor one  thousand  dollars ;  and  the  secretary  of  state  six  hundred 
dollars. 

19.  No  senator  or  representative  shall,  during  the  time  for  which  he 
shall  have  been  elected,  be  appointed  to  any  civil  office  under  this  state, 
which  shall  have  been  created,  or  the  emoluments  of  which  shall  have 
been  increased,  during  such  time. 

20.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence 
of  appropriations  made  by  law. 

21.  An  accurate  statement  of  receipts  and  expenditures  of  public 
money  shall  be  attached  to  and  published  with  the  laws  at  the  rising  of 
each  session  of  the  general  assembly. 

22.  The  house  of  representatives  shall  have  the  sole  power  of  im- 
peaching ;  but  a  majority  of  all  the  members  present  must  concur  in  an 
impeachment.  All  impeachments  shall  be  tried  by  the  senate ;  and 
when  sitting  for  the  purpose,  the  senators  shall  be  upon  oath  or  affirma- 
tion to  do  justice  according  to  law  and  evidence.  No  person  shall  be 
convicted  without  the  concurrence  of  two-thirds  of  all  the  senators 
present. 

23.  The  governo-j-,  and  all  other  civil  officers  under  this  state,  shall  be 
liable  to  impeachment  for  any  misdemeanour  in  office ;  but  judgment  in 
such  cases  shall  not  extend  farther  than  to  removal  from  office,  and  dis- 
qualification to  hold  any  office  of  honour,  profit,  or  trust,  under  thia 
state.  The  party,  whether  convicted  or  acquitted,  shall  nevertheless 
be  liable  to  indictment,  trial,  judgment,  and  punishment  according  to 
law. 

24.  The  first  session  of  the  general  assembly  shall  commence  on  the 
first  Monday  in  October  next,  and  for  ever  after  the  general  assembly 
shall  meet  on  the  first  Monday  in  December  next  ensuing  the  election 
of  the  members  thereof,  and  at  no  other  period,  unless  as  provided  by 
this  constitution. 

25.  No  judge  of  any  court  of  law  or  equity,  secretary  of  state,  attoi- 
ney-general,  attorney  for  the  state,  register,  clerk  of  any  court  of  record, 
sheriff,  or  collector,  member  of  either  house  of  congress,  or  person  hold- 
ing any  lucrative  office  under  the  United  States  or  this  state,  (provided 
that  appointments  in  the  militia,  postmasters,  or  justices  of  the  peace 
shall  not  be  considered  lucrative  offices,)  shall  have  a  seat  in  the  general 
assembly;  nor  shall  any  person  holding  an  office  of  honour  or  profit 
under  the  government  of  the  United  States,  hold  any  office  of  honoui  or 
profit  under  the  authority  of  this  state. 

26.  Every  person  who  shall  be  chosen  or  appointed  to  any  office  of 
trust  or  profit,  shall,  before  entering  upon  the  duties  thereof,  take  an 
oath  to  support  the  constitution  of  the  United  States,  and  of  this  state, 
and  also  an  oath  of  office. 

27.  In  all  elections,  all  white  male  inhabitants,  above  the  age  of  twen- 
ty-one years,  having  resided  in  the  state  six  months  next  preceding  the 
election,  shall  enjoy  the  right  of  an  elector ;  but  no  person  shall  be  en- 
titled to  vote  except  in  the  county  or  district  in  which  he  shall  actually 
reside  at  the  time  of  the  election. 

28.  All  votes  shall  be  given,  viva  voce,  until  altered  by  the  general 
assembly. 


ILLINOIS.  ;^-21 

29.  Electors  shall  in  all  cases  except  treason,  felony,  or  breach  of  the 
peace,  be  privileged  from  arrest  during  their  attendance  at  elections, 
and  in  going  to  and  returning  from  the  same. 

30.  The  general  assembly  shall  have  full  power  to  exclude  from  the 
privilege  of  electing,  or  being  elected,  any  person  convicted  of  bribery, 
perjury,  or  any  other  infamous  crime. 

31.  In  the  year  one  thousand  eight  hundred  and  twenty,  and  every 
fifth  year  thereafter,  an  enumeration  of  all  the  white  inhabitants  of  the 
state  shall  be  made,  in  such  manner  as  shall  be  directed  by  law. 

32.  All  bills  for  raising  a  revenue  shall  originate  in  the  house  of  re- 
presentatives, subject,  however,  to  amendment  or  rejection,  as  in  other 
cases. 

ARTICIE    3. 

§  1.  The  executive  power  of  this  state  shall  be  vested  in  a  governor. 

2.  The  first  election  of  governor  shall  commence  on  the  third  Thurs- 
day of  September  next,  and  continue  for  that  and  the  two  succeeding 
days  ;  and  the  next  election  shall  be  held  on  the  first  Monday  of  Au- 
gust, in  the  year  of  our  Lord  one  thousand  eight  hundred  and  twenty- 
two.  And  for  ever  after,  elections  for  governor  shall  be  held  once  in  four 
years,  on  the  first  Monday  of  August.  The  governor  shall  be  chosen  by 
the  electors  of  the  members  of  the  general  assembly,  at  the  same  places 
and  in  the  same  manner  that  they  shall  respectively  vote  for  members 
thereof.  The  returns  for  every  election  of  governor  shall  be  sealed  up 
and  transmitted  to  the  seat  of  government,  by  the  returning  officers,  di- 
rected to  the  speaker  of  the  house  of  representatives,  who  shall  open 
and  publish  them  in  presence  of  a  majority  of  the  members  of  each 
house  of  the  general  assembly.  The  person  having  the  highest  number 
of  votes  shall  be  governor ;  but  if  two  or  more  be  equal  and  highest  in 
votes,  then  one  of  them  shall  be  chosen  governor  by  joint  ballot  of  both 
nouses  of  the  general  assembly.  Contested  elections  shall  be  deter- 
mined by  both  houses  of  the  general  assembly,  in  such  manner  as  shall 
be  prescribed  by  law. 

3.  The  first  governor  shall  hold  his  office  until  the  first  Monday  of 
December,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
twenty-two,  and  until  another  governor  shall  be  elected  and  qualified  to 
oflfice  ;  and  for  ever  after,  the  governor  shall  hold  his  oflice  for  the  term 
of  four  years,  and  until  another  governor  shall  be  elected  and  qualified ; 
but  he  shall  not  be  eligible  for  more  than  four  years  in  any  term  of 
eight  years.  He  shall  be  at  least  thirty  years  of  age,  and  have  been  a 
citizen  of  the  United  States  thirty  years  ;  two  years  of  which,  next  pre- 
ceding his  election,  he  shall  have  resided  within  the  limits  of  this  state. 

4.  He  shall,  from  time  to  time,  give  the  general  assembly  information 
of  the  state  of  the  government,  and  recommend  to  their  consideration 
such  measures  as  he  shall  deem  expedient. 

5.  He  shall  have  power  to  grant  reprieves  and  pardons,  after  con- 
viction, except  in  cases  of  impeachment. 

6.  The  governor  shall  at  stated  times  receive  a  salary  for  his  services, 
which  shall  neither  be  increased  nor  diminished  during  the  term  foi 
which  he  shall  have  been  elected. 

7.  He  may  require  information,  in  writing,  from  the  officers  in  the 
executive  department,  upon  any  subject  relating  to  the  duties  of  their 


322  CONSTITUTION    OF 

respective  offices,  and  shall  take  care  that  the  laws  be  faithfully  exe- 
cuted. 

8.  When  anj'  officer,  the  right  of  whose  appointment  is,  by  this  con 
stitution,  vested  in  the  general  assembly,  or  in  the  governor  and  senate, 
shall,  during  the  recess,  die,  or  his  office  by  any  means  become  vacant, 
the  governor  shall  have  power  to  fill  such  vacancy,  by  grantmg  a  com- 
mission, which  shall  expire  at  the  end  of  the  next  session  of  the  general 
assembly. 

9.  He  may,  on  extraordinary  occasions,  convene  the  general  assem- 
bly by  proclamation,  and  shall  state  to  them,  when  assembled,  the  pur- 
pose for  which  they  shall  have  been  convened. 

10.  He  shall  be  commander-in-chief  of  the  army  and  navy  of  this 
state,  and  of  the  militia,  except  when  they  shall  be  called  into  the  ser- 
vice of  the  United  States. 

11.  There  shall  be  elected  in  each  and  every  county  in  said  state,  by 
those  who  are  qualified  to  vote  for  members  of  the  general  assembly, 
and  at  the  same  times  and  places  where  the  elections  for  such  members 
shall  be  held,  one  sheriff  and  one  coroner,  whose  election  shall  be 
subject  to  such  rules  and  regulations  as  shall  be  prescribed  by  law.  The 
said  sheriffs  and  coroners  respectively,  when  elected,  shall  continue  in 
office  two  years,  be  subject  to  removal  and  disqualification,  and  such 
other  rules  and  regulations  as  may  be  from  time  to  time  prescribed  by  law. 

12.  In  case  of  disagreement  between  the  two  houses  with  respect  to 
the  time  of  adjournment,  the  governor  shall  have  power  to  adjourn  the 
general  assembly  to  such  a  time  as  he  thinks  proper,  provided  it  be  not 
to  a  period  beyond  the  next  constitutional  meeting  of  the  same. 

13.  A  lieutenant-governor  shall  be  chosen  at  every  election  for  go- 
vernor, in  the  same  manner,  continue  in  office  for  the  same  time,  and 
possess  the  same  qualifications.  In  voting  for  governor  and  lieutenant- 
governor,  the  electors  shall  distinguish  whom  they  vote  for  as  governor, 
and  whom  as  lieutenant-governor. 

14.  He  shall,  by  virtue  of  his  office,  be  speaker  of  the  senate,  have 
a  right,  when  in  committee  of  the  whole,  to  debate  and  vote  on  all 
subjects,  and  whenever  the  senate  are  equally  divided,  to  give  the  casting 
vote. 

15.  Whenever  the  government  shall  be  administered  by  the  lieuten- 
ant-governor, or  he  shall  be  unable  to  attend  as  speaker  of  the  senate, 
the  senate  shall  elect  one  of  their  own  members  as  speaker  for  that 
occasion.  And  if,  during  the  vacancy  of  the  office  of  governor,  the  lieu- 
tenant-governor shall  be  impeached,  removed  from  office,  refuse  to 
qualify,  or  resign,  or  die,  or  be  absent  from  the  state,  the  speaker  of 
the  senate,  shall,  ''^  /ike  manner,  administer  the  government. 

16.  The  lieutea ant-governor,  while  he  acts  as  speaker  of  the  senate, 
shall  receive  for  "ais  services  the  same  compensation  which  shall,  for 
the  same  period,  be  allowed  to  the  speaker  of  the  house  of  representa- 
tives, and  no  more  ;  and  during  the  time  he  administers  the  govern- 
ment as  governor,  he  shall  receive  the  same  compensation  which  the 
governor  would  have  received  had  he  been  employed  in  the  duties  of  his 
office. 

17.  If  the  lieutenant-governor  shall  be  called  upon  to  administer  the 
government,  arid  shall,  while  in  such  administration,  resign,  die,  or  be 
absent  from  the  state,  during  the  recess  of  the  general  assembly,  it 


ILLINOIS.  323 

shall  be  the  duty  of  the  secretary  for  the  time  being  to  convene  the 
senate  for  the  purpose  of  choosing  a  speaker. 

18.  In  case  of  an  impeachment  of  the  governor,  his  removal  from 
office,  death,  refusal  to  qualify,  resignation,  or  absence  from  the  state, 
the  lieulenant-govemor  shall  exercise  all  the  power  and  authoiity  apper- 
taining to  the  office  of  governor,  until  the  time  pointed  out  by  this  con- 
stitution for  the  election  of  governor  shall  arrive,  unless  the  general  as- 
sembly shall  provide  by  law  for  the  election  of  a  governor  to  lill  such 
vacancy. 

19.  The  governor,  for  the  time  being,  and  the  judges  of  the  supreme 
court,  or  a  major  part  of  them,  together  with  the  governor,  shall  be  and 
are  hereby  constituted  a  council  to  revise  all  bills  about  to  be  passed  into 
laws  by  the  general  assembly  ;  and  for  that  purpose  shall  assemble  them- 
selves from  time  to  time  when  the  general  assembly  shall  be  convened  ; 
for  which,  nevertheless,  they  shall  not  receive  any  salary  or  considera- 
tion, under  any  pretence  whatever  ;  and  all  bills  which  have  passed  the 
senate  and  house  of  representatives,  shall,  before  they  become  laws,  be 
presented  to  the  said  council  for  their  revisal  and  consideration  ;  and  if 
upon  such  revisal  and  consideration,  it  should  appear  improper  to  the 
said  council,  or  a  majority  of  them,  that  the  bill  should  become  a  law  of 
this  state,  they  shall  return  the  same,  together  with  their  objections 
thereto,  in  writing,  to  the  senate  or  house  of  representatives,  (in  whichso- 
ever the  same  shall  have  originated,)  who  shall  enter  the  objections  set 
down  by  the  council,  at  large,  in  their  minutes,  and  proceed  to  recon- 
sider the  said  bill.  But  if,  after  such  reconsideration,  the  said  senate  or 
house  of  representatives  shall,  notwithstanding  the  said  objections,  agree 
to  pass  the  same,  by  a  majorit}'  of  the  whole  number  of  members  elected, 
it  shall,  together  with  the  said  objections,  be  sent  to  the  other  branch  of 
the  general  assembly,  where  it  shall  also  be  reconsidered  ;  and  if  ap- 
proved by  a  majority  of  all  the  members  elected,  it  shall  become  a  law. 
If  any  bill  shall  not  be  returned  within  ten  days  after  it  shall  have  been 
presented,  the  same  shall  be  law  ;  unless  the  general  assembly  shall,  by 
their  adjournment,  render  a  return  of  the  said  bill,  in  ten  days,  impracti- 
cable; in  which  case  the  said  bill  shall  be  returned  on  the  first  day  of  the 
meeting  of  the  general  assembly  after  the  expiration  of  the  said  ten  days, 
or  be  a  law. 

20.  The  governor  shall  nominate,  and,  by  and  with  the  advice  and 
consent  of  the  senate,  appoint  a  secretary  of  state,  who  shall  keep  a  fsdr 
register  of  the  official  acts  of  the  governor,  and,  when  required,  shall  lay 
the  same,  and  all  papers,  minutes,  and  vouchers,  relative  thereto,  before 
either  branch  of  the  general  assembly,  and  shall  perform  such  other  du- 
ties as  shall  be  assigned  him  by  law. 

21.  The  state  treasurer,  and  public  printer  or  printers  for  the  state, 
shall  be  appointed  biennially,  by  the  joint  vote  of  both  branches  of  the 
general  assembly  :  Provided,  that  during  the  recess  of  the  same,  the  go- 
vernor shall  have  power  to  fill  such  vacancies  as  may  happen  in  either  of 
said  offices. 

22.  The  governor  shall  nominate,  and,  by  and  with  the  advice  and 
consent  of  the  senate,  appoint,  all  officers,  whose  offices  are  established 
by  this  constitution,  or  shall  be  established  by  law,  and  whose  appoint- 
ments are  not  herein  otherwise  provided  for :  Provided,  however,  that 
hispectors,  collectors,  and  their  deputies,  surveyors  of  the  highways,  oon- 


324  CONSTITUTION    OF 

stables,  jailers,  and  such  inferior  officers  whose  jurisdiction  may  be  con 
fined  within  tiie  limits  of  the  county,  shall  be  appointed  in  such  mannei 
as  the  general  assembly  shall  prescribe. 

ARTICLE  4. 

§  1.  The  judicial  power  of  this  state  shall  be  vested  in  one  supreme 
court,  and  such  inferior  courts  as  the  general  assembly  shall  from  time  to 
time  ordain  and  establish. 

2.  The  supreme  court  shall  be  holden  at  the  seat  of  government,  and 
shall  have  an  appellate  jurisdiction  only,  except  in  cases  relating  to  the 
revenue,  in  cases  of  mandamus,  and  in  such  cases  of  impeachment  aa 
may  be  required  to  be  tried  before  it. 

3.  The  supreme  court  shall  consist  of  a  chief-justice,  and  three  asso- 
ciates, any  two  of  whom  shall  form  a  quorum.  The  number  of  justices 
may,  however,  be  increased,  by  the  general  assembly,  after  the  year  on« 
thousand  eight  hundred  and  twenty-four. 

4.  The  justices  of  the  supreme  court,  and  the  judges  of  the  inferio) 
courts,  shall  be  appointed  by  joint  ballot  of  both  branches  of  the  general 
assembly,  and  commissioned  by  the  governor,  and  shall  hold  their  offices 
during  good  behaviour,  until  the  end  of  the  first  session  of  the  general 
assembly,  which  shall  be  begun  and  held  after  the  first  day  of  January, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  twenty-four,  at 
which  time  their  commissions  shall  expire  :  and  until  the  expiration  of 
which  time,  the  said  justices  respectively  shall  hold  circuit  courts  in  the 
several  counties,  in  such  manner,  and  at  such  times,  and  shall  have  and 
exercise  such  jurisdiction  as  the  general  assembly  shall  by  law  prescribe. 
But  ever  after  the  aforesaid  period,  the  justices  of  the  supreme  court  shall 
be  commissioned  during  good  behaviour,  and  the  justices  thereof  shall 
not  hold  circuit  courts,  unless  required  by  law. 

5.  The  judges  of  the  inferior  courts  shall  hold  their  offices  during 
good  behaviour,  but  for  any  reasonable  cause,  which  shall  not  be  suffi- 
cient ground  for  impeachment,  both  the  judges  of  the  supreme  and  infe- 
rior courts  shall  be  removed  from  office,  on  the  address  of  two^hirds  of 
each  branch  of  the  general  assembly :  Provided,  always,  that  no  mem- 
ber of  either  house  of  the  general  assembly,  nor  any  person  connected 
with  a  member  by  consanguinity  or  affinity,  shall  be  appointed  to  fill 
tlie  vacancy  occasioned  by  such  removal.  The  said  justices  of  the  su 
preme  court,  during  their  temporary  appointments,  shall  receive  an  an- 
nual salary  of  one  thousand  dollars,  payable  quarter-yearly  out  of  the 
public  treasury.  The  judges  of  the  inferior  courts,  and  the  justices  of 
the  supreme  court,  who  may  be  appelated  after  the  end  of  the  first  ses- 
sion of  the  general  assembly,  which  shall  be  begun  and  held  after  the 
first  day  of  January,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  twenty-four,  shall  have  adequate  and  competent  salaries,  which 
shall  not  be  diminished  during  their  continuance  in  office. 

6.  The  supreme  court,  or  a  majority  of  the  justices  thereof,  the  cir- 
cuit courts,  or  the  justices  thereof,  shall  respectively  appoint  their  own 
clerks. 

7.  All  process,  writs,  and  other  proceedings,  shall  run  in  the  name  of 
*'  the  people  of  the  state  of  Illinois."  All  prosecutions  shall  be  carried 
on  in  the  name  and  by  the  authority  of  "  the  people  of  the  state  of  Illi- 
nois," and  conclude  "  against  the  peace  and  dignity  of  the  state." 


ILLINOIS.  325 

8.  A  competent  number  of  justices  of  the  peace  shall  be  appointed  in 
each  county,  in  such  manner  as  the  general  assembly  may  direct,  whose 
time  of  service,  power,  and  duties,  shall  be  regulated  and  defined  by  law. 
And  justices  of  the  peace,  when  so  appointed,  shall  be  commissioned  by 
the  governor. 

ARTICLE  5. 

§  1.  The  militia  of  the  state  of  Illinois  shall  consist  of  all  free  male 
able-bodied  persons,  (negroes,  mulattoes,  and  Indians,  excepted,)  resi- 
dent in  the  state,  between  the  ages  of  eighteen  and  forty-five  years,  ex- 
cept such  persons  as  now  are,  or  hereafter  may  be,  exempted  by  the  laws 
of  the  United  States,  or  of  this  state,  and  shall  be  armed,  equipped,  and 
trained  as  the  general  assembly  may  provide  by  law. 

2.  No  person  or  persons  conscientiously  scrupulous  of  bearing  arms 
shall  be  compelled  to  do  militia  duty  in  time  of  peace,  provided  such  per- 
son or  persons  shall  pay  an  equivalent  for  such  exemption. 

3.  Company,  battalion,  and  regimental  officers,  staff  officers  excepted, 
shall  be  elected  by  the  persons  composing  their  several  companies,  bat- 
talions, and  regiments. 

4.  Brigadiers  and  majors-general  shall  be  elected-by  the  officers  of  their 
brigades  and  divisions  respectively. 

5.  All  militia  officers  shall  be  commissioned  by  the  governor,  and  may 
hold  their  commissions  during  good  behaviour,  or  until  they  arrive  at 
the  age  of  60  years. 

6.  The  militia  shall,  in  all  cases,  except  treason,  felony,  or  breach  of 
the  peace,  be  privileged  from  arrest  during  their  attendance  at  musters, 
and  elections  of  officers,  and  in  going  to  and  returning  from  the  s^me. 

ARTICLE    6. 

§  1.  Neither  slavery  nor  involuntary  servitude  shall  hereafter  be  in- 
troduced into  this  state,  otherwise  than  for  the  punishment  of  crimes 
whereof  the  party  shall  have  been  duly  convicted ;  nor  shall  any  male 
person,  arrived  at  the  age  of  twenty-one  years,  nor  female  person 
arrived  at  the  age  of  eighteen  years,  be  held  to  serve  any  person  as 
a  servant,  under  any  indenture  hereafter  made,  unless  such  person 
shall  enter  into  such  indenture  while  in  a  state  of  perfect  freedom, 
and  on  condition  of  a  bona  fide  consideration,  received,  or  to  be  received, 
for  their  service.  Nor  shall  any  indenture  of  any  negro  or  mulatto  here- 
after made  and  executed  out  of  this  state,  or,  if  made  in  this  state,  where 
the  term  of  service  exceeds  one  year,  be  of  the  least  validity,  except 
those  given  in  cases  of  apprenticeship. 

2.  No  person  bound  to  labour  in  any  other  state,  shall  be  hired  to  la- 
bour in  this  state,  except  within  the  tract  reserved  for  the  salt  works, 
near  Shawneetown  ;  nor  even  at  that  place  for  a  longer  period  than  one 
year  at  any  one  time :  nor  shall  it  be  allowed  there  after  the  year  one 
thousand  eight  hundred  and  twenty-five  ;  any  violation  of  this  article 
shall  effect  the  emancipation  of  such  person  from  his  obligation  to  service. 

3.  Each  and  every  person  who  has  been  bound  to  service  by  contract 
or  indenture,  in  virtue  of  the  laws  of  the  Illinois  territory,  heretofore  ex- 
isting, and  in  confonnity  to  the  provisions  of  the  same,  without  fraud  or 
collusion,  shall  be  held  to  a  specific  performance  of  their  contracts  or  in- 
dentures ;  and  such  negroes  and  mulattoes  as  have  been  registered,  in 
confonnity  with  the  aforesaid  laws,  shall  serve  out  the  time  appointed 

2  E 


326  CONSTITUTION   OF 

by  such  laws :  Provided,  however,  that  the  children  hereafter  bom  of 
such  persons,  negroes,  or  mulattoes,  shall  become  free,  the  males  at  the 
age  of  twenty-one  years,  the  females  at  the  age  of  eighteen  years.  Each 
and  every  child  born  of  indentured  parents  shall  be  entered  with  the 
clerk  of  the  county  in  which  they  reside,  by  their  owners,  within  six 
months  after  the  birth  of  said  child. 

ARTICLE    7. 

§  1.  Whenever  two-thirds  of  the  general  assembly  shall  think  it  ne- 
cessary to  alter  or  amend  this  constitution,  they  shall  recommend  to  the 
electors,  at  the  next  election  of  members  of  the  general  assembly,  to  vote 
for  or  against  a  convention ;  and  if  it  shall  appear  that  a  majority  of  all 
the  citizens  of  the  state,  voting  for  representatives,  have  voted  for  a  con- 
vention, the  general  assembly  shall,  at  their  next  session,  call  a  conven- 
tion, to  consist  of  as  many  members  as  there  may  be  in  the  general  as- 
sembly, to  be  chosen  in  the  same  manner,  at  the  same  place,  and  by  the 
same  electors  that  choose  the  general  assembly,  and  which  convention 
shall  meet  within  three  months  after  the  said  election,  for  the  purpose  of 
revising,  altering,  or  amending  this  constitution. 

AKTICLE  8. 

That  the  general,  great,  and  essential  principles  of  liberty  and  free 
government  may  be  recognised  and  unalterably  established,  we  declare  : 

§  1.  That  all  men  are  bom  equally  free  and  independent,  and  have 
certain  inherent  and  indefeasible  rights ;  among  which  are  those  of  en- 
joying and  defending  life  and  liberty,  and  of  acquiring,  possessing,  and 
protecting  property  and  reputation,  and  of  pursuing  their  own  happi- 
ness. 

2.  That  all  power  is  inherent  in  the  people  ;  and  all  free  governments 
are  founded  on  their  authority,  and  instituted  for  their  peace,  safety,  and 
happiness. 

3.  That  all  men  have  a  natural  and  indefeasible  right  to  worship  Al- 
mighty God  according  to  the  dictates  of  their  own  consciences :  that  no 
man  can  of  right  be  compelled  to  attend,  erect,  or  support  any  place  of 
worship,  or  to  maintain  any  ministry  against  his  consent :  that  no  human 
authority  can,  in  any  case  whatever,  control  or  interfere  with  the  rights 
of  conscience :  and  that  no  preference  shall  ever  be  given  by  law  to  any 
religious  establishments  or  modes  of  worship. 

4.  That  no  religious  test  shall  ever  be  required  as  a  qualification  to 
any  office  or  public  trust  under  this  state. 

5.  That  elections  shall  be  free  and  equal. 

6.  That  the  right  of  the  trial  by  jury  shall  remain  inviolate 

7.  That  the  people  shall  be  secure  in  their  persons,  houses,  papers^ 
and  possessions,  from  unreasonable  searches  and  seizures;  and  that 
general  warrants,  whereby  an  officer  may  be  commanded  to  search  sus- 
pected places  without  evidence  of  the  fact  committed,  or  to  seize  any 
person  or  persons  not  named,  whose  offences  are  not  particularly  de- 
scribed, and  supported  by  evidence,  are  dangerous  to  liberty,  and  ought 
not  to  be  granted. 

8.  That  no  freeman  shall  be  imprisoned  or  disseized  of  his  freehold, 
liberties,  or  privileges,  or  outlawed,  or  exiled,  or  in  any  manner  deprived 
of  his  life,  liberty,  or  property,  but  by  the  judgment  of  his  peers,  or  the 


ILLINOIS.  327 

law  of  the  land.  And  all  lands  which  have  been  granted  as  a  common 
to  the  inhabitants  of  any  town,  hamlet,  village,  or  corporation,  by  any 
person,  body  politic  or  corporate,  or  by  any  government  having  power 
to  make  such  grant,  shall  for  ever  remain  common  to  the  inhabitants  of 
such  town,  hamlet,  village,  or  corporation :  and  the  said  commons  shall 
not  be  leased,  sold,  or  divided,  under  any  pretence  whatever :  Provided, 
however,  that  nothing  in  this  section  shall  be  so  construed  as  to  affect 
the  commons  of  Cahokia  or  Prairie  Dupont :  Provided,  alsp,  that  the 
general  assembly  shall  have  power  and  authority  to  grant  the  same  pri- 
vilege to  the  inhabitants  of  the  said  villages  of  Cahokia  and  Prairie  Du- 
pont as  are  hereby  grjmted  to  the  inhabitants  of  other  towns,  hamlets, 
and  villages. 

9,  That,  in  all  criminal  prosecutions,  the  accused  hath  a  right  to  be 
heard  by  himself  and  counsel ;  to  demand  the  nature  and  cause  of  the 
accusation  against  him ;  to  meet  the  witnesses  face  to  face ;  to  have 
compulsory  process  to  compel  the  attendance  of  witnesses  in  his  favour ; 
and,  in  prosecutions  by  indictment  or  information,  a  speedy  public  trial 
by  an  impartial  jury  of  the  vicinage :  and  that  he  shall  not  be  compelled 
to  give  evidence  against  himself. 

10.  That  no  person  shall, for  any  mdictable  offence, be  proceeded  against 
criminally,  by  information,  except  in  cases  arising  in  the  land  or  naval 
forces,  or  the  militia  when  in  actual  service,  in  time  of  war  or  public 
danger,  by  leave  of  the  courts,  for  oppression  or  misdemeanour  in  office. 

-11.  No  person  shall,  for  the  same  offence,  be  twice  put  in  jeopardy 
of  his  life  or  limb :  nor  shall  any  man's  property  be  taken  or  apphed  to 
public  use  without  the  consent  of  his  representatives  in  the  general  as- 
sembly, nor  without  just  compensation  being  made  to  him. 

12.  Every  person  within  this  state  ought  to  find  a  certain  remedy  in 
the  laws,  for  all  injuries  or  wrongs  which  he  may  receive  in  his  person, 
property,  or  character :  he  ought  to  obtain  right  and  justice  freely,  and 
without  being  obliged  to  purchase  it ;  completely,  and  without  denial ; 
promptly  and  without  delay,  conformably  to  the  laws. 

13.  That  all  persons  shall  be  bailable  by  sufficient  sureties,  unless  for 
capital  offences,  where  the  proof  is  evident  or  the  presumption  great; 
and  the  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless  when  in  cases  of  rebellion  or  invasion,  the  public  safety  may  re- 
quire it. 

14.  All  penalties  shall  be  proportioned  to  the  nature  of  the  offence ; 
the  true  design  of  all  punishments  being  to  reform,  and  not  to  extermi- 
nate mankind. 

15.  No  person  shall  be  imprisoned  for  debt,  unless  upon  refusal  to 
deliver  up  his  estate  for  the  benefit  of  his  creditors,  in  such  manner  as 
shall  be  prescribed  by  law,  or  in  cases  where  there  is  strong  presumption 
of  fraud. 

16.  No  ex  post  facto  law,  nor  any  law  impairing  the  validity  of  con- 
tracts, shall  ever  be  made ;  and  no  conviction  shall  work  corruption  of 
blood  or  forfeiture  of  estate. 

17.  That  no  person  shall  be  liable  to  be  transported  out  of  this  state 
for  any  offence  committed  within  the  same. 

18.  That  a  frequent  recurrence  to  the  fundamental  principles  of  civil 
government  is  absolutely  necessary  to  preserve  the  blessings  of  liberty. 

19.  That  the  people  have  a  right  to  assemble  together  in  a  peaceable 


328  CONSTITUTION    OF 

manner,  to  consult  for  their  common  good,  to  instruct  their  representa- 
tives, and  to  apply  to  the  general  assembly  for  redress  of  grievances. 

20.  That  the  mode  of  levying  a  tax  shall  be  by  valuation ;  so  that 
every  person  shall  pay  a  tax  in  proportion  to  the  value  of  the  property 
he  or  she  has  in  his  or  her  possession. 

21.  That  there  shall  be  no  other  banks  or  moneyed  institutions  in  this 
state  but  those  already  provided  by  law,  except  a  state  bank  and  its 
branches,  which  may  be  established  and  regulated  by  the  general  assenv- 
bly  of  the  state,  as  they  may  think  proper. 

22.  The  printing  presses  shall  be  free  to  every  person  who  undertakes 
to  examine  the  proceedings  of  the  general  assembly,  or  of  any  branch 
of  government;  and  no  law  shall  ever  be  made  to  restrain  the  right 
thereof.  The  free  communication  of  thoughts  and  opinions  is  one  of  the 
invaluable  rights  of  man ;  and  every  citizen  may  freely  speak,  write,  or 
print  on  any  subject,  being  responsible  for  the  abuse  of  that  liberty. 

23.  In  prosecutions  for  the  publication  of  papers  investigating  the 
official  conduct  of  officers  or  men  acting  in  a  political  capacity,  or  where 
the  matter  published  is  proper  for  public  information,  the  truth  thereof 
may  be  given  in  evidence ;  and,  in  all  indictments  for  libels,  the  jury 
shall  have  the  right  of  determining  both  the  law  and  the  fact,  under  the 
direction  of  the  court,  as  in  other  cases. 

SCHEDULE. 

§  1.  That  no  inconveniences  may  arise  from  the  change  of  a  territo- 
rial to  a  permanent  state  government,  it  is  declared  by  the  convention, 
that  all  rights,  suits,  actions,  prosecutions,  claims,  and  contracts,  both  as 
it  respects  individuals  and  bodies  corporate,  shall  continue  as  if  no 
change  had  taken  place  in  this  government,  in  virtue  of  the  laws  now 
in  force. 

2.  All  fines,  penalties,  and  forfeitures,  due  and  owing  to  the  territory 
of  Illinois,  shall  inure  to  the  use  of  the  state.  All  bonds  executed  to 
the  governor,  or  to  any  other  officer  in  his  official  capacity  in  the  terri- 
tory, shall  pass  over  to  the  governor,  or  to  the  officers  of  the  state,  and 
their  successors  in  office,  for  the  use  of  the  state,  by  him  or  by  them  to 
be  respectively  assigned  over  to  the  use  of  those  concerned,  as  the  case 
may  be. 

3.  No  sheriff,  or  collector  of  public  moneys,  shall  be  eligible  to  any 
office  in  this  state,  until  they  have  paid  over,  according  to  law,  sdl 
moneys  which  they  may  have  collected  by  virtue  of  their  respective 
offices. 

4.  There  shall  be  elected  in  each  county  three  county  commissioners, 
for  the  purpose  of  transacting  all  county  business,  whose  time  of  service, 
power,  and  duties,  shall  be  regulated  and  defined  by  law. 

5.  The  governor,  secretary,  and  judges,  and  all  other  officers  under 
the  territorial  government,  shall  continue  in  the  exercise  of  the  duties 
of  their  respective  departments,  until  the  said  officers  are  superseded 
under  the  authority  of  this  constitution. 

6.  The  governor  of  this  state  shall  make  use  of  his  private  seal,  until 
a  state  seal  shall  be  provided. 

7.  The  oaths  of  office  herein  directed  to  be  taken,  may  be  adminis- 
tered by  any  justice  of  the  peace,  until  the  general  assembly  shall  other 
wise  direct 


ILLINOIS.  329 

8.  Until  the  first  census  shall  be  taken,  as  directed  by  this  constitu- 
tion, the  county  of  Madison  shall  be  entitled  to  one  senator  and  three 
representatives ;  the  county  of  St.  Clair  to  one  senator  and  three  repre- 
sentatives ;  the  county  of  Bond  to  one  senator  and  one  representative ; 
the  county  of  Washington  to  one  senator  and  one  representative ;  the 
county  of  Monroe  to  one  senator  and  one  representative  ;  the  county  of 
Randolph  to  one  senator  and  two  representatives ;  the  county  of  Jack- 
son to  one  senator  and  one  representative ;  the  counties  of  Johnson  and 
Franklin  to  form  one  senatoiial  district,  and  to  be  entitled  to  one  sena- 
tor, and  each  county  to  one  representative ;  the  county  of  Union  to  one 
senator  and  tvpo  representatives ;  the  county  of  Pope  to  one  senator  and 
two  representatives;  the  county  of  Gallatin  to  one  senator  and  three 
representatives ;  the  county  of  White  to  one  senator  and  three  repre- 
sentatives ;  the  county  of  Edwards  to  one  senator  and  two  representa- 
tives ;  and  the  county  of  Crawford  to  one  senator  and  two  representatives. 

9.  The  president  of  the  convention  shall  issue  writs  of  election, 
directed  to  the  several  sheriffs  of  the  several  counties,  or  in  case  of  the 
absence  or  disability  of  any  sheriff,  then  to  the  deputy -sheriff,  and  in 
case  of  the  absence  or  disability  of  the  deputy-sheriff,  then  such  writ  to 
be  directed  to  the  coro,-«er,  requiring  them  to  cause  an  election  to  be  held 
for  governor,  lieutenant  governor,  representative  to  the  present  congress 
of  the  United  States,  and  members  of  the  general  assembly,  and  sheriffs 
and  coroners  in  the  respective  counties;  such  election  to  commence  on 
the  third  Tuesday  of  September  next,  and  to  continue  for  that  and  the 
two  succeeding  days ;  and  which  election  shall  be  conducted  in  the  man- 
ner prescribed  by  the  existing  election  laws  of  the  Illinois  territory;  and 
the  said  governor,  lieutenant-governor,  members  of  the  general  assembly, 
sher-^fs,  and  coroners,  then  duly  elected,  shall  continue  to  exercise  the 
duties  of  their  respective  offices  for  the  time  prescribed  by  this  constitu- 
tion, and  until  their  successor  or  successors  are  qualified,  and  no  longer. 

10.  An  auditor  of  public  accounts,  an  attorney-general,  and  such  other 
officers  for  the  state  as  may  be  necessary,  may  be  appointed  by  the  gene- 
ral assembly,  whose  duties  may  be  regulated  by  law. 

11 .  It  shall  be  the  duty  of  the  general  assembly  to  enact  such  laws  as 
may  be  necessary  and  proper  to  prevent  the  practice  of  duelling. 

12.  All  white  male  inhabitants  above  the  age  of  twenty-one  years, 
who  shall  be  actual  residents  of  this  state  at  the  signing  of  this  constitu- 
tion, shall  have  a  right  to  a  vote  at  the  election  to  be  held  on  the  third 
Thursday,  and  the  two  following  days,  of  September  next. 

13.  The  seat  of  government  for  the  state  shall  be  at  Kaskaskia  until 
the  general  assembly  shall  otherwise  provide.  The  general  assembly,  at 
their  first  session  holden  under  the  authority  of  this  constitution,  shall 
petition  the  congress  of  the  United  States  to  grant  to  this  state  a  quan- 
tity of  land,  to  consist  of  not  more  than  four  nor  less  than  one  section, 
or  to  give  to  this  state  the  right  of  pre-emption  in  the  purchase  of  the 
said  quantity  of  land.  The  said  land  to  be  situate  on  the  Kaskaskia 
river,  and,  as  near  as  may  be,  east  of  the  third  principal  meridian  on  said 
river.  Should  the  prayer  of  such  petition  be  granted,  the  general  assem- 
bly, at  their  next  session  thereafter,  shall  provide  for  the  appointment  of 
five  commissioners  to  make  the  selection  of  said  land  so  granted ;  and  shall 
further  provide  for  laying  out  a  town  upon  the  land  so  selected ;  which 
town,  so  laid  out,  shall  be  the  seat  of  government  of  this  state  for  the 

2  E  2. 


330  CONSTITUTION    OF 

term  of  twenty  years.  Should,  however,  the  prayer  of  said  petition  not 
be  granted,  the  general  assembly  shall  have  power  to  make  such  pro- 
vision for  a  permanent  seat  of  government  as  may  be  necessary,  and 
shall  fix  the  same  where  they  may  think  best. 

14.  Any  person  of  thirty  years  of  age,  v*rho  is  a  citizen  of  the  United 
States,  and  has  resided  within  the  limits  of  this  state  two  years  next 
preceding  his  election,  shall  be  eligible  to  the  office  of  lieutenant-go- 
vernor, any  thing  in  the  thirteenth  section  of  the  third  article  of  tliis 
constitution  contained,  to  the  contrary  notwithstanding. 

Done  in  convention,  at  Kaskaskia,  the  twenty -sixth  day  of  August, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  eighteen, 
and  of  the  independence  of  the  United  States  of  America  the  forty- 
third. 
In  testimony  whereof,  we  have  hereunto  subscribed  our  names. 

JESSE  B.  THOMAS, 

President  of  the  Convention, 

John  Messinger,  Caldwell  Carnes, 

James  Lemen,  jr.  Enoch  Moc  re, 

George  Fisher,  Samuel  Omelveny, 

Elias  Kent  Kane,  Hamlet  Ferguson, 

B.  Stephenson,  Conrad  Will, 

Joseph  Borough,  James  Hall,  jr. 

Abraham  Prickett,  Joseph  Kitchell, 

Michael  Jones,  Ed.  N.  Cullom, 

Leonard  White,  Thomas  Kirkpatrick, 
Adolphus  Fred.  Hubbard,      Samuel  G.  Morse, 

Hezekiah  West,  William  Echols, 

Wm.  M'Fatridge,  John  Whiteaker, 

Seth  Gard,  Andrew  Bankson, 

Levi  Compton,  Isham  Harrison, 

Willis  Hargrave,  Thomas  Roberts. 
Wm.  M'Henry, 

Attest,     William  C.  Greenup, 

Secretary  of  the  Convention. 


AN  ORDINANCE. 

Whereas  the  congress  of  the  United  States,  in  the  act,  entitled  "An 
act  to  enable  the  people  of  the  Illinois  territory  to  form  a  constitution 
and  state  government,  and  for  the  admission  of  such  state  into  the  Union, 
on  an  equal  footing  with  the  original  states,  passed  the  18th  of  April, 
1818,"  have  oifered  to  this  convention,  for  their  free  acceptance,  or  re- 
jection, the  following  propositions,  which,  if  accepted  by  the  convention, 
are  to  be  obligatory  upon  the  United  States,  viz : 

"1st.  That  section  numbered  sixteen,  in  every  township,  and  when 
Buch  section  has  been  sold,  or  otherwise  disposed  of,  other  lands,  equi- 
valent thereto,  and  as  contiguous  as  may  be,  shall  be  granted  to  tlie 


ILLINOIS.  331 

state,  for  the  use  of  the  inhabitants  of  such  township,  for  the  use  of 
schools. 

*•  2d.  That  all  salt  springs  within  such  state,  and  the  lands,  reserved 
for  the  use  of  the  same,  shall  be  granted  to  the  said  state  for  the  use  of 
the  said  state,  and  the  same  to  be  used  under  such  terms,  and  conditions, 
and  regulations,  as  the  legislature  of  said  state  shall  direct,  provided  the 
legislature  shall  never  sell  nor  lease  the  same  for  a  longer  period  than 
ten  years  at  any  one  time. 

"  3d.  That  five  per  cent,  of  the  nett  proceeds  of  the  land  lying  within 
such  state,  which  shall  be  sold  by  congress  from  and  after  the  first  day 
of  January,  one  thousand  eight  hundred  and  nineteen,  after  deducting 
all  expenses  incident  to  the  same,  shall  be  reserved  for  the  purposes  fol- 
lowing, viz.  Two-fifths  to  be  disbursed  under  the  direction  of  congress, 
in  making  roads  leading  to  the  state,  the  residue  to  be  appropriated 
by  the  legislature  of  the  state  for  the  encouragement  of  learning  ;  of 
which  one-sixth  part  shall  be  exclusively  l)estowed  on  a  college  or  uni- 
versity. 

"  4th.  That  thirty-six  sections,  or  one  entire  township,  which  shall  be 
designated  by  the  President  of  the  United  States,  together  with  the 
one  heretofore  reserved  for  that  purpose,  shall  be  reserved  for  the  use  of 
a  seminary  of  learning,  and  vested  in  the  legislature  of  the  said  state, 
to  be  appropriated  solely  to  the  use  of  such  seminary,  by  the  said  legis- 
lature." 

And  whereas  the  four  foregoing  propositions  are  offered  on  the  condi- 
tion that  this  convention  shall  provide,  by  ordinance,  irrevocable  without 
the  consent  of  the  United  States,  that  every  and  each  tract  of  land  sold 
by  tlie  United  States  from  and  after  the  first  day  of  January,  one  thou- 
sand eight  hundred  and  nineteen,  shall  remain  exempt  from  any  tax 
laid  by  order  or  under  the  authority  of  the  state,  whether  for  state, 
county,  or  township,  or  any  other  purpose  whatever,  for  the  term  of  five 
years,  from  and  after  the  day  of  sale.  And  further,  that  the  bounty 
lands  granted,  or  hereafter  to  be  granted,  for  military  services,  during 
the  late  war,  shall,  while  they  continue  to  be  held  by  the  patentees,  or 
their  heirs,  remain  exempt,  as  aforesaid,  from  all  taxes,  for  the  term  of 
three  years,  from  and  after  the  date  of  the  patents  respectively.  And 
that  all  the  lands  belonging  to  the  citizens  of  the  United  States,  residing 
without  the  said  state,  shall  never  be  taxed  higher  than  lands  belonging 
to  persons  residing  therein. 

Therefore,  this  convention,  on  behalf  of,  and  by  the  authority  of  tho 
people  of  the  state,  do  accept  of  the  foregoing  propositions ;  and  do 
further  ordain  and  declare,  that  every  and  each  tract  of  land  sold  by  the 
United  States,  from  and  after  the  first  day  of  January,  one  thousand 
eight  hundred  and  nineteen,  shall  remain  exempt  from  any  tax  laid  by 
order  or  under  any  authority  of  the  state,  whether  for  state,  county,  or 
township,  or  any  purpose  whatever,  for  the  term  of  five  years  from  and 
after  the  day  of  sale.  And  that  the  bounty  lands  granted,  or  hereaftei 
to  be  gran'ed,  for  military  services,  during  the  late  war,  shall,  while  they 
continue  to  be  held  by  the  patentees  or  their  heirs,  remain  exempt,  as 
aforesaid,  from  all  taxes,  for  the  term  of  three  years  from  and  after  the 
date  of  the  patents  respectively  ;  and  that  all  the  lands  belonging  to 
the  citizens  of  the  United  States,  residing  without  the  said  state,  shall 
never  be  taxed  higher  than  lands  belonging  to  persons  residing  therein 


333  CONSTITUTION   OF 

And  this  convention  do  further  ordain  and  declare,  that  the  foregoing 
ordinance  shall  not  be  revoked  without  the  ^.onsent  of  the  United 
States. 

Done  in  convention,  at  Kaskaskia,  on  the  26th  day  of  August,  in  the 

year  of  our  Lord  1818,  and  of  the  independence  of  the  United 

States  of  America  the  forty-third. 

JESSE  B.  THOMAS, 

President  of  the  Convention. 
Attest,   Wm.  C.  Greenup, 

Secretary  to  the  Convention. 


CONSTITUTION  OF  ALABAMA. 


We,  the  people  of  the  Alabama  Territory,  having  the  right  of  admis- 
sion into  the  general  government,  as  a  member  of  the  Union,  consistent 
with  the  constitution  of  the  United  States,  by  our  representatives  as- 
sembled in  convention  at  the  town  of  Huntsville,  on  Monday  the  fifth 
day  of  July,  one  thousand  eight  hundred  and  nineteen,  in  pursuance  of 
an  act  of  congress,  entitled  "An  act  to  enable  the  people  of  the  Alabama 
territory  to  form  a  constitution  and  state  government,  and  for  the  admis- 
sion of  such  state  into  the  Union,  on  an  equal  footing  with  the  original 
states :"  in  order  to  establish  justice,  insure  tranquillity,  provide  for  the 
common  defence,  promote  the  general  welfare,  and  secure  to  ourselves 
and  our  posterity  the  rights  of  life,  liberty,  and  property,  do  ordain  and 
establish  the  following  constitution,  or  form  of  government ;  and  do 
mutually  agree  with  each  other  to  form  ourselves  into  a  free  and  inde- 
pendent state,  by  the  name  of  *'  the  State  of  Alabama."  And  we  do 
hereby  recognise,  confirm,  and  establish  the  boundaries  assigned  to  said 
state  by  the  act  of  congress  aforesaid,  "  to  wit :  beginning  at  the  point 
where  the  thirty-first  degree  of  north  latitude  intersects  the  Perdido 
river,  thence,  east,  to  the  western  boundary  line  of  the  state  of  Georgia , 
thence,  along  said  line,  to  the  southern  boundary  line  of  the  state  of 
Tennessee  ;  thence,  west,  along  said  boundary  line,  to  the  Tennessee 
river ;  thence  up  the  same  to  the  mouth  of  Bear  creek ;  thence,  by  a 
direct  line,  to  the  north-west  corner  of  Washington  county  ;  thence,  due 
south,  to  the  Gulf  of  Mexico  ;  thence  eastwardly,  including  all  islands 
within  six  leagues  of  the  shore,  to  the  Perdido  river  :  and  thence  up  the 
same,  to  the  beginning" — subject  to  such  alteration  as  is  provided  in 
the  third  section  of  said  act  of  congress,  and  subject  to  such  enlargement 
as  may  be  made  by  law  in  consequence  of  any  cession  of  territory  by 
the  United  States,  or  either  of  them. 


ALABAMA  333 

AUTICLE    1. 

Declaration  of  Rig-hts. 

That  the  general,  great,  and  essential  principles  of  liberty  and  free 
government  may  be  recognised  and  established,  we  declare  : 

§  1.  That  all  freemen,  when  they  form  a  social  compact,  are  equal 
in  rights ;  and  that  no  man  or  set  of  men  are  entitled  to  exclusive, 
separate  public  emoluments  or  privileges,  but  in  consideration  of  public 
services. 

2.  All  political  power  is  inherent  in  the  people,  and  all  free  govern- 
ments are  founded  on  their  authority,  and  instituted  for  their  benefit : 
and,  therefore,  they  have  at  all  times  an  unalienable  and  indefeasible 
right  to  alter,  reform,  or  abolish  their  form  of  government,  in  such  man- 
ner as  they  may  thirdt  expedient. 

3.  No  person  within  this  state  shall,  upon  any  pretence,  be  deprived 
of  the  inestimable  privilege  of  worshipping  God  in  the  manner  most 
agreeable  to  his  own  conscience  ;  nor  be  compelled  to  attend  any  place 
of  worship ;  nor  shall  any  one  ever  be  obliged  to  pay  any  tithes,  taxes, 
or  othei  rate,  for  the  building  or  repairing  any  place  of  worship,  or  for 
the  maintenance  of  any  minister  or  ministry. 

4.  No  human  authority  ought,  in  any  case  whatever,  to  control  or 
interfere  with  the  rights  of  conscience. 

5.  No  person  shall  be  hurt,  molested,  or  restrained,  in  his  religious 
profession,  sentiments,  or  persuasions,  provided  he  does  not  disturb  others 
in  their  religious  worship. 

6.  The  civil  rights,  privileges,  or  capacities  of  any  citizen,  shall  in 
no  way  be  diminished,  or  enlarged,  on  account  of  his  religious  princi- 
ples. 

7.  There  shall  be  no  establishment  of  religion  by  law  ;  no  preference 
shall  ever  be  given  by  law  to  any  religious  sect,  society,  denomination, 
or  mode  of  worship ;  and  no  religious  test  shall  ever  be  required  as  a 
qualification  to  any  oflSce  or  public  trust  under  this  state. 

8.  Every  citizen  may  freely  speak,  write,  and  publish  his  sentiments 
on  all  subjects,  being  responsible  for  the  abuse  of  that  liberty. 

9.  The  people  shall  be  secure  in  their  persons,  houses,  papers,  and 
possessions,  from  unreasonable  seizures  or  searches  ;  and  no  warrant  to 
search  any  place,  or  to  seize  any  person  or  thing,  shall  issue  without  de- 
scribing them  as  nearly  as  may  be,  nor  without  probable  cause,  sup- 
ported by  oath  or  affirmation. 

10.  In  all  criminal  prosecutions,  the  accused  has  a  right  to  be  heard 
by  himself  and  counsel ;  to  demand  the  nature  and  cause  of  the  accusa- 
tion, and  have  a  copy  thereof:  to  be  confronted  by  the  witnesses  against 
him  :  to  have  compulsory  process  for  obtaining  witnesses  in  his  favour , 
and  in  all  prosecutions,  by  indictment  or  information,  a  speedy  public 
trial  by  an  impartial  jury  of  the  county  or  district  in  which  the  offence 
shall  have  been  committed :  he  shall  not  be  compelled  to  give  evidence 
against  himself,  nor  shall  he  be  deprived  of  his  life,  liberty,  or  property, 
but  by  due  course  of  law. 

11.  No  person  shall  be  accused,  arrested,  or  detained,  except  in  cases 
ascertained  by  law,  and  according  to  the  forms  which  the  same  has  pre- 
scribed ;  and  no  person  shall  be  punished,  but  in  virtue  of  a  law,  estab- 
.ished  and  promulgated  prior  to  the  offence,  and  legally  applied. 


334  CONSTITUTION   OF 

12.  No  person  shall,  for  any  indictable  offence,  be  proceeded  against 
criminally,  by  information  ;  except  in  cases  arising  in  the  land  and  naval 
forces,  or  the  militia  when  in  actual  service,  or,  by  leave  of  the  court, 
for  oppression  or  misdemeanour  in  office. 

13.  No  person  shall,  for  the  same  offence,  be  twice  put  in  jeopardy  of 
life  or  limb  ;  nor  shall  any  person's  property  be  taken  or  applied  to  pub- 
lic use,  unless  just  compensation  be  made  therefor. 

14.  All  courts  shall  be  open,  and  every  person,  for  an  injury  done 
him,  in  his  lands,  goods,  person,  or  reputation,  shall  have  remedy  by  due 
course  of  law,  and  right  and  justice  administered  without  sale,  denial,  or 
delay. 

15.  No  power  of  suspending  laws  shall  be  exercised,  except  by  the 
general  assembly,  or  its  authority. 

16.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed, 
nor  cruel  punishments  inflicted. 

17.  All  persons  shall,  before  conviction,  be  bailable  by  sufficient  secu- 
rities, except  for  capital  offences,  when  the  proof  is  evident,  or  the  pre- 
sumption great :  and  the  privilege  of  the  writ  of  "  habeas  corpus"  shall 
not  be  suspended,  unless  when,  in  case  of  rebellion,  or  invasion,  the 
public  safety  may  require  it. 

18.  The  person  of  a  debtor,  where  there  is  not  strong  presumption  of 
fraud,  shall  not  be  detained  in  prison,  after  delivering  up  his  estate  fdr 
the  benefit  of  his  creditors,  in  such  manner  as  shall  be  prescribed  by 
law. 

19.  No  ex  post  facto  law,  nor  law  impairing  the  obligation  of  contracts, 
shall  be  made. 

20.  No  person  shall  be  attainted  of  treason  or  felony  by  the  general 
assembly.  No  attainder  shall  work  corruption  of  blood,  nor  forfeiture  of 
estate. 

21.  The  estates  of  suicides  shall  descend  or  vest  as  in  cases  of  natural 
death ;  if  any  person  shall  be  killed  by  casualty,  there  shall  be  no  for- 
feiture by  reason  thereof. 

22.  The  citizens  have  a  right,  in  a  peaceable  manner,  to  assemble  to- 
gether for  their  common  good,  and  to  apply  to  those  invested  with  the 
powers  of  government  for  redress  of  grievances,  or  other  proper  purposes, 
by  petition,  address,  or  remonstrance. 

23.  Every  citizen  has  a  right  to  bear  arms  in  defence  of  himself  and 
the  state. 

24.  No  standing  army  shall  be  kept  up  without  the  consent  of  the 
general  assembly  ;  and,  in  that  case,  no  appropriation  of  money  for  its 
support  shall  be  for  a  longer  term  than  one  year ;  and  the  military  shall, 
in  all  cases,  and  at  all  times,  be  in  strict  subordination  to  the  civil  power. 

25.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house,  with- 
out the  consent  of  the  owner ;  nor  in  time  of  war,  but  in  a  manner  to  be 
prescribed  by  law. 

26.  No  title  of  nobility,  or  hereditary  distinction,  privilege,  honour, 
or  emolument,  shall  ever  be  granted  or  conferred  in  this  state  ;  nor  shall 
any  office  be  created,  the  appointment  of  which  shall  be  for  a  longer  term 
than  during  good  behaviour.  ^ 

27.  Emigration  from  this  state  shall  not  be  prohibited,  nor  shall  any 
citizen  be  exiled. 

28.  The  right  of  trial  by  jury  shall  remain  inviolate. 


ALABAMA.  335 

29.  No  person  shall  be  debuucd  from  prosecuting  or  defending  any 
civil  cause,  for  or  against  him  or  herself,  before  any  tribunal  in  this 
state,  by  him  or  herself  or  counsel. 

30.  This  enumeration  of  certain  rights  shall  not  be  construed  to  deny 
or  disparage  others  retained  by  the  people  ;  and  to  guard  against  any 
encroachments  on  the  rights  herein  retained,  or  any  transgression  of  any 
of  the  high  powers  herein  delegated,  we  declare,  that  every  thing  in  this 
article  is  excepted  out  of  the  general  powers  of  government,  and  shall 
for  ever  remain  inviolate  ;  and  that  all  laws  contrary  thereto,  or  to  the 
following  provisions,  shall  be  void. 

ARTICLE  2. 

Distribution  of  Powers. 

§  1.  The  powers  of  the  government  of  the  state  of  Alabama  shall  be 
divided  into  three  distinct  departments ;  and  each  of  them  confided  to  a 
separate  body  of  magistracy,  to  wit :  those  which  are  legislative  to  one  ; 
those  which  are  executive  to  another ;  and  those  which  are  judicial  to 
another. 

2.  No  person,  or  collection  of  persons,  being  one  of  those  departments, 
shall  exercise  any  power  properly  belonging  to  either  of  the  others,  ex- 
cept in  the  instances  hereinafter  expressly  directed  or  permitted. 

ABTICI.E  3. 

Legislative  Department, 
§  1.  The  legislative  power  of  this  state  shall  be  vested  in  two  distinct 
branches  :  the  one  to  be  styled  the  senate,  and  the  other  the  house  of 
representatives,  and  both  together  "  the  general  assembly  of  the  state  of 
Alabama  ;"  and  the  style  of  their  laws  shall  be,  "  Be  it  enacted  by  the 
senate  and  house  of  representatives  of  the  state  of  Alabama,  in  general 
assembly  convened." 

2.  The  members  of  the  house  of  representatives  shall  be  chosen  by 
the  qualified  electors,  and  shall  serve  for  the  term  of  one  year,  from  the 
day  of  the  commencement  of  the  general  election,  and  no  longer. 

3.  The  representatives  shall  be  chosen  every  year,  on  the  first  Monday 
and  the  day  following  in  August,  until  otherwise  directed  by  law. 

4.  No  person  shall  be  a  representative,  unless  he  be  a  white  man,  a 
citizen  of  the  United  States,  and  shall  have  been  an  inhabitant  of  this 
state  two  years  next  preceding  his  election,  and  the  last  year  thereof  a 
resident  of  the  county,  city,  or  town,  for  which  he  shall  be  chosen,  and 
shall  have  attained  the  age  of  twenty-one  years. 

6.  Every  white  male  person  of  the  age  of  twenty-one  years,  or  up- 
wards, who  shall  be  a  citizen  of  the  United  States,  and  shall  have  re- 
sided in  this  state  one  year  next  preceding  an  election,  and  the  last  three 
months  within  the  county,  city,  or  town,  in  which  he  offers  to  vote, 
shall  be  deemed  a  qualified  elector :  provided,  that  no  soldier,  seaman, 
or  marine,  in  the  regular  army  or  navy  of  the  United  States,  shall  be  en- 
titled to  vote  at  any  election  in  this  state  ;  and  provided,  also,  that  no 
elector  shall  be  entitled  to  vote  except  in  the  county,  city,  or  town  (en- 
titled to  separate  representation)  in  which  he  may  reside  at  the  time  of 
the  election. 

6.  Electors  shall,  in  all  cases,  except  in  those  of  treason,  felony,  or 


336  CONSTITUTION    OF 

breach  of  the  peace,  be  privileged  from  arrest  during  their  attendance  at 
elections,  and  in  going  to  and  returning  from  the  same. 

7.  In  all  elections  by  the  people,  the  electors  shall  vote  by  ballot,  until 
the  general  assembly  shall  otherwise  direct. 

8.  Elections  for  representatives  for  the  several  counties  shall  be  held 
at  the  place  of  holding  their  respective  courts,  and  at  such  other  places 
as  may  be  prescribed  by  lav^r ;  Provided,  that  when  it  shall  appear  to 
the  general  assembly  that  any  city  or  town  shall  have  a  number  of  whive 
inhabitants  equal  to  the  ratio  then  fixed,  such  city  or  town  shall  have  a 
separate  representation,  according  to  the  number  of  white  inhabitants 
therein  ;  w  hich  shall  be  retained  so  long  as  such  city  or  town  shall  con- 
tain a  number  of  white  inhabitants  equal  to  the  ratio  which  may  from 
time  to  time  be  fixed  by  law ;  and  thereafter,  and  during  the  existence 
of  the  right  of  separate  representation,  in  such  city  or  town,  elections  for 
the  county  in  which  such  city  or  town  (entitled  to  such  separate  repre- 
sentation) is  situated,  shall  not  be  held  in  such  city  or  town  ;  but  it  is 
understood  and  hereby  declared,  that  no  city  or  town  shall  be  entitled  to 
separate  representation,  unless  the  number  of  white  inhabitants  in  the 
county  in  which  such  city  or  town  is  situated,  residing  out  of  the  limits 
of  said  city  or  town,  be  equal  to  the  existing  ratio ;  or  unless  the  resi- 
duum or  fraction  of  such  city  or  town  shall,  when  added  to  the  white 
inhabitants  of  the  county  residing  out  of  the  limits  of  said  city  or  town, 
be  equal  to  the  ratio  fixed  for  law  by  one  representative ;  and  provided, 
that,  if  the  residuum  or  fraction  of  any  city  or  town,  entitled  to  separate 
representation,  shall,  when  added  to  the  residuum  of  the  county  in  which 
it  may  lie,  be  equal  to  the  ratio  fixed  by  law  for  one  representative,  then 
the  aforesaid  county,  city,  or  town,  having  the  largest  residuum,  shall  be 
entitled  to  such  representation  :  and  provided,  also,  that  when  there  are 
two  or  more  counties  adjoining,  which  have  residuums  or  fractions  over 
and  above  the  ratio  then  fixed  by  law,  if  said  residuums  or  fractions, 
when  added  together,  will  amount  to  such  ratio,  in  that  case  one  repre- 
sentative shall  be  added  to  that  county  having  the  largest  residuum. 

9.  The  general  assembly  shall,  at  their  first  meeting  and  in  the  years 
one  thousand  eight  hundred  and  twenty,  one  thousand  eight  hundred 
and  twenty-three,  one  thousand  eight  hundred  and  twenty-six,  and  every 
six  years  thereafter,  cause  an  enumeration  to  be  made  of  all  the  inhabit- 
ants of  the  state,  and  the  whole  number  of  the  representatives  shall,  at 
the  first  session  held,  after  making  every  such  enumeration,  be  fixed  by 
the  general  assembly,  and  apportioned  among  the  several  counties,  cities, 
or  towns,  entitled  to  separate  representation,  according  to  their  respec- 
tive numbers  of  white  inhabitants ;  and  the  said  apportionment,  when 
made,  shall  not  be  subject  to  alteration,  until  after  the  next  census  shall 
be  taken.  The  house  of  representatives  shall  not  consist  of  less  than 
forty-four  nor  more  than  sixty  members,  until  the  number  of  white  in- 
habitants shall  be  one  hundred  thousand,  and  after  that  event,  the  whole 
number  of  representatives  shall  never  be  less  than  sixty,  nor  more  than 
one  hundred :  Provided,  however,  that  each  county  shall  be  entitled  to 
at  least  one  representative. 

10.  The  general  assembly  shall,  at  the  first  session,  after  making  every 
such  enumeration,  fix  by  law  the  whole  number  of  senators,  and  shall 
divide  the  state  into  the  same  number  of  districts,  as  nearly  equal  in  the 
number  of  white  inhabitants  as  may  be,  each  of  which  districts  shall  be 


A  L  A  B  A  M  A.  ^<37 

entitled  to  one  senator  and  no  more;  Provided,  that  the  whole  number 
of  senators  shall  never  be  less  than  one-fourth,  nor  more  than  one-third, 
of  the  whole  number  of  representatives. 

11.  When  a  senatorial  district  shall  be  composed  of  two  or  more  coun- 
ties, the  counties  of  which  such  district  consists  shall  not  be  entirely  se- 
parated by  any  county  belonging  to  another  district ;  and  no  county  shall 
be  divided  in  forming  a  district. 

12.  Senators  shall  be  chosen  by  the  qualified  electors,  for  the  term  of 
three  years,  at  the  same  time,  in  the  same  manner,  and  at  the  sam 
places,  where  they  may  vote  for  members  of  the  house  of  representatives 
and  no  person  shall  be  a  senator  unless  he  be  a  wliite  man,  a  citizen  of 
the  United  States,  and  shall  have  been  an  inhabitant  of  this  state  two 
years  next  preceding  his  election,  and  the  last  year  thereof  a  resident  of 
the  district  for  which  he  shall  be  chosen,  and  shall  have  attained  to  the 
age  of  twenty-seven  years. 

13.  The  senators  chosen  according  to  the  apportionment  under  the 
census  ordered  to  be  taken  in  one  thousand  eight  hundred  and  twenty- 
six,  when  convened,  shall  be  divided  by  lot  into  three  classes,  as  nearly 
equal  as  may  be.  The  seats  of  the  senators  of  the  first  class  shall  be  va- 
cated at  the  expiration  of  the  first  year,  those  of  the  second  class  at  the 
expiration  of  the  second  year,  and  those  of  the  third  class  at  the  expira- 
tion of  the  third  year,  so  that  one  third  may  be  annually  chosen  there- 
after, and  a  rotation  thereby  kept  up  perpetually.  Such  mode  of  classify- 
ing new  additional  senators  shall  be  observed  as  will,  as  nearly  as  possi- 
ble, preserve  an  equality  of  members  in  each  class. 

14.  The  house  of  representatives,  when  assembled,  shall  choose  a 
speaker,  and  its  other  ofiicers  ;  and  the  senate  shall,  annually,  choose  a 
president,  and  its  other  officers;  each  house  shall  judge  of  the  quahfica- 
tions,  elections,  and  returns  of  its  own  members  :  but  a  contested  election 
shall  be  determined  in  such  manner  as  shall  be  directed  by  law. 

15.  A  majority  of  each  house  shall  constitute  a  quorum  to  do  busi- 
ness, but  a  smaller  number  may  adjourn  from  day  to  day,  and  may  com- 
pel the  attendance  of  absent  members  in  such  manner,  and  under  such 
penalties,  as  each  house  may  provide. 

16.  Each  house  may  determine  the  rules  of  its  own  proceedings,  pun- 
ish members  for  disorderly  behaviour,  and,  with  the  consent  of  two-thirds, 
expel  a  member ;  but  not  a  second  time  for  the  same  cause  ;  and  shall 
have  all  other  powers  necessary  for  a  branch  of  the  legislature  of  a  free 
and  independent  state. 

17.  Each  house,  during  the  session,  may  punish  by  imprisonment, 
any  person,  not  a  member,  for  disrespectful  or  disorderly  behaviour,  in 
its  presence,  or  for  obstructing  any  of  its  proceedings  :  Provided,  that 
such  imprisonment  shall  not,  at  any  one  time,  exceed  forty-eight  hours. 

18.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  cause  the 
same  to  be  published  immediately  after  its  adjournment,  excepting  such 
parts  as,  in  its  judgment,  may  require  secrecy  ;  and  the  yeas  and  nays 
:)f  the  members  of  either  house,  on  any  question,  shall,  at  the  desire  of 
any  two  members  present,  be  entered  on  the  journals.  And  any  mem- 
ber of  either  house  shall  have  hberty  to  dissent  from,  or  protest  against, 
any  act  or  resolution  which  he  may  think  injurious  to  the  public  or  an 
individual,  and  have  the  reasons  of  his  dissent  entered  on  the  journals. 

19    Senators   and  representatives  shall,  in  all  cases,  except  treason 
2  F 


338  CONSTITUTION    OF 

*elony,  or  breach  of  the  peace,  be  privileged  from  arrest  during  the  ses- 
sion of  the  general  assembly,  and  in  going  to  and  returning  from  the 
same  ;  allowing  one  day  for  every  twenty  miles  such  members  may  '•». 
side  from  the  place  at  which  the  general  assembly  is  convened  ;  nor  shall 
any  member  be  liable  to  answer  for  any  thing  spoken  in  debate  in  either 
house,  in  any  court  or  place  elsewhere. 

20.  When  vacancies  happen  in  either  house,  the  governor,  or  the 
person  exercising  the  powers  of  the  governor,  shall  issue  writs  of  elec- 
tion to  fdl  such  vacancies. 

21.  The  doors  of  each  house  shall  be  open,  except  on  such  occasions 
as,  in  the  opinion  of  the  house,  may  require  secrecy. 

22.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn  for 
more  than  three  days,  nor  to  any  other  place  than  that  in  which  they 
may  be  sitting. 

23.  Bills  may  originate  in  either  house,  and  be  amended,  altered,  or 
rejected  by  the  other ;  but  no  bill  shall  have  the  force  of  a  law  until  on 
three  several  days  it  be  read  in  each  house,  and  free  discussion  be  allowed 
thereon,  unless,  in  cases  of  urgency,  four-fifths  of  the  house  in  which  the 
bill  shall  be  depending  may  deem  it  expedient  to  dispense  with  this  rule  : 
and  every  bill,  having  passed  both  houses,  shall  be  signed  by  the  speaker 
and  president  of  their  respective  houses  ;  provided,  that  all  bills  for  rais- 
ing revenue  shall  originate  in  the  house  of  representatives,  but  the  senate 
may  amend  or  reject  them  as  other  bills. 

24.  Each  member  of  the  general  assembly  shall  receive  from  the  pub- 
lic treasury  such  compensation  for  his  services  as  may  be  fixed  by  law ; 
but  no  increase  of  compensation  shall  take  eiFcct  during  the  session  at 
which  such  increase  shall  have  been  made. 

25.  No  senator  or  representative  shall,  duriiig  the  term  for  which  he 
shall  have  been  elected,  be  appointed  to  any  civil  office  of  profit  under 
this  state,  which  shall  have  been  created,  or  the  emoluments  of  which 
shall  have  been  increased,  during  such  term  ;  except  such  offices  as  may 
be  filled  by  elections  by  the  people. 

26.  No  person  holding  any  lucrative  office  under  the  United  States, 
(the  office  of  postmaster  excepted,)  this  state,  or  any  other  power,  shall 
be  eligible  to  the  general  assembly ;  provided,  that  offices  in  the  militia 
to  which  there  is  attached  no  annual  salary,  or  the  olfice  of  justice  of 
the  peace,  or  that  of  the  quorum  of  the  county  court,  while  it  has  no 
salary,  Shall  not  be  deemed  lucrative. 

27.  No  person  who  may  hereafter  be  a  collector  or  holder  of  public 
moneys  shall  have  a  seat  in  either  house  of  the  general  assembly,  or  be 
eligible  to  any  office  of  trust  or  profit  under  this  state,  until  he  shall  have 
accounted  for,  and  paid  into  the  treasury,  all  sums  for  which  he  may  be 
accountable. 

28.  The  first  election  for  senators  and  representatives  shall  be  gene- 
ral throughout  the  state ;  and  shall  be  held  on  the  third  Monday  and 
Tuesday  in  September  next. 

29.  The  first  session  of  the  general  assembly  shall  commence  on  the 
fourth  Monday  in  October  next,  and  be  held  at  the  town  of  Huntsville, 
and  all  subsequent  sessions  at  the  town  of  Cahawba,  until  the  end  of  the 
first  session  of  the  general  assembly  to  be  held  in  the  year  one  thousand 
eight  hundred  and  twenty-five ;  during  that  session  the  general  assem- 
bly shall  have  power  to  designate  by  law  (to  which  the  executive  con 


ALABAMA  339 

curronce  shall  not  be  required)  the  permanent  seat  of  government,  which 
shall  not  thereafter  be  changed ;  Provided,  however,  that  unless  such 
designation  be  then  made  by  law,  the  government  shall  continue  per- 
manently at  the  town  of  Cahawba ;  and  provided,  also,  that  the  general 
a.ssfmbly  shall  make  no  appropriations  previous  to  tlie  year  one  thou- 
Kiuid  eight  hundred  and  twenty-five,  for  the  building  of  any  other  state 
house  than  that  now  provided  for  by  law. 

ARTICLE  4. 

Executive  Department. 

§  1 .  The  supreme  executive  power  of  this  state  shall  be  vested  in  a 
chief  magistrate,  who  shall  be  styled  the  governor  of  the  state  of  Ala- 
bama. 

2.  The  governor  shall  be  elected  by  the  qualified  electors  at  the  time 
and  places  when  they  shall  respectively  vote  for  representatives. 

3.  The  returns  of  every  election  for  governor  shall  be  sealed  up,  and 
transmitted  to  the  seat  of  government,  directed  to  the  speaker  of  the 
house  of  representatives,  who  shall,  during  the  first  week  of  the  session, 
open  and  publish  them  in  presence  of  both  houses  of  the  general  assem- 
bly. The  person  having  the  highest  number  of  votes  shall  be  governor, 
but  if  two  or  more  shall  be  equal  and  highest  in  votes,  one  of  them  shall 
be  chosen  governor  by  the  joint  vote  of  both  houses.  Contested  elec- 
tions for  governor  shall  be  determined- by  both  houses  of  the  general  as- 
sembly, in  such  manner  as  shall  be  -prescribed  by  law. 

4.  The  governor  shall  hold  his  office  for  the  term  of  two  j'^ears  from 
the  time  of  his  installation,  and  until  his  successor  shall  be  duly  quali- 
fied, but  shall  not  be  eligible  for  more  than  four  years  in  any  term  of  six 
years ;  he  shall  be  at  least  thirty  years  of  age,  shall  be  a  native  citizen 
of  the  United  States,  and  shall  have  resided  in  this  state  at  least  four 
years  next  preceding  the  day  of  his  election. 

5.  He  shall,  at  stated  times,  receive  a  compensation,  for  his  services, 
which  shall  not  be  increased  or  diminished  during  the  term  for  which  he 
shall  have  been  elected. 

6.  He  shall  be  commander-in-chief  of  the  army  and  navy  of  this  state, 
and  of  the  militia  thereof,  except  when  they  shall  be  called  into  the  ser- 
vice of  the  United  States.  And  when  acting  in  the  service  of  the  Uni- 
ted States,  the  general  assembly  shall  fix  his  rank. 

7.  He  may  require  information  in  writing  from  the  officers  in  the  ex- 
ecutive department  on  any  subject  relating  to  the  duties  of  their  respec- 
tive offices. 

8.  He  may,  by  proclamation,  on  extraordinary  occasions  convene  the 
general  assembly  at  the  seat  of  government,  or  at  a  different  place,  if 
that  shall  have  become,  since  their  last  adjournment,  dangerous  from  an 
enemy  or  from  contagious  disorders ;  in  case  of  disagreement  between 
the  two  houses,  with  respect  to  the  time  of  adjournment,  he  may  adjoUrn 
them  to  such  time  as  he  shall  think  proper,  not  beyond  the  day  of  the 
next  annual  meeting  of  the  general  assembly. 

9.  He  shall  from  time  to  time  give  to  the  general  assembly  informa- 
tion of  the  state  of  the  government,  and  recommend  to  their  considera 
tion  such  measures  as  he  may  deem  expedient. 

10.  He  shall  take  care  that  the  laws  be  faithfully  executed. 


340  CONSTITUTION    OF 

11.  In  all  criminal  and  penal  cases,  except  in  those  of  treason  and  im- 
peachment, he  shall  have  power  to  grant  reprieves  and  pardons,  and  re- 
mit tines  and  forfeitures,  under  such  rules  and  regulations  as  shall  be 
prescribed  by  law.  In  cases  of  treason  he  shall  have  power,  by  and  with 
the  advice  and  consent  of  the  senate,  to  grant  reprieves  and  pardons  ; 
and  he  may,  in  tlie  recess  of  the  senate,  respite  the  sentence  until  the 
end  of  the  next  session  of  the  general  assembly. 

13.  There  shall  be  a  seal  of  this  state,  which  shall  be  kept  by  the  go- 
vernor, and  used  by  him  ofiicially,  and  the  present  seal  of  the  territory 
shall  be  the  seal  of  the  state,  until  otherwise  directed  by  the  general  as- 
sembly. 

1.3.  All  commissions  shall  be  in  the  name,  and  by  the  authority  of 
the  state  of  Alabama,  be  sealed  with  the  state  seal,  signed  by  the  gover- 
nor, and  attested  by  the  secretary  of  state. 

14.  There  shall  be  a  secretary  of  state  appointed  by  joint  vote  of  both 
houses  of  the  general  assembly,  who  shall  continue  in  office  during  the 
term  of  two  years.  He  shall  keep  a  fair  register  of  all  official  acts  and 
proceedings  of  the  governor,  and  shall,  when  required,  lay  the  same,  and 
all  papers,  minutes,  and  vouchers  relative  thereto,  before  the  general  as- 
sembly ;  and  shall  perform  such  other  duties  as  may  be  required  of  him 
by  law. 

15.  Vacancies  that  may  happen  in  offices,  the  appointment  to  which 
is  vested  in  the  general  assembly,  shall  be  filled  by  the  governor  during 
the  recess  of  the  general  assembly,  by  granting  commissions  which  shall 
expire  at  the  end  of  the  next  session. 

16.  Every  bill  which  shall  have  passed  both  houses  of  the  general  as- 
sembly, shall  be  presented  to  the  governor:  if  he  approve,  lie  shall  sign 
it;  but  if  not,  he  shall  return  it,  with  his  objections,  to  the  house  in  which 
it  shall  have  originated,  who  shall  enter  the  obiections  at  large  upon  the 
journals,  and  proceed  to  reconsider  it ;  if,  after  such  reconsideration,  a 
majority  of  the  whole  ruimber  elected  to  that  house  shall  agree  to  pass 
the  bill,  it  shall  be  sent,  with  the  objections,  to  the  other  house,  by  which 
it  shall  likewise  be  reconsidered  ;  if  approved  by  a  majority  of  the  whole 
number  elected  to  that  house,  it  shall  become  a  law :  but  in  such  cases 
the  votes  of  both  houses  shall  be  determined  by  yeas  and  nays,  and  the 
names  of  the  members  voting  for  or  against  the  bill  shall  be  entered  on 
the  journals  of  each  house  respectively  :  if  any  bill  shall  not  be  returned 
by  the  governor  within  five  days,  Sundays  excepted,  after  it  shall  have 
been  presented  to  him,  the  same  shall  be  a  law  in  like  manner  as  if  he 
had  signed  it,  unless  the  general  assembly,  by  their  adjournment,  prevent 
its  return,  in  which  case  it  shall  not  be  a  law. 

17.  Every  order,  resolution,  or  vote,  to  which  the  concurrence  of  both 
houses  may  be  necessary,  except  on  questions  of  adjournment,  shall  be 
presented  to  the  governor,  and,  before  it  shall  take  effect,  be  approved  by 
him ;  or,  being  disapproved,  shall  be  repassed  by  both  houses,  according 
to  the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 

18.  In  case  of  the  impeachment  of  the  governor,  his  removal  from 
office,  death,  refusal  to  qualify,  resignation,  or  absence  from  the  state, 
the  president  of  the  senate  shall  exercise  all  the  power  and  authority  ap- 
pertaining to  the  office  of  governor,  until  the  time  pointed  Dut  by  this 
constitution  for  the  election  of  governor  shall  arrive,  unless  the  general 
assembly  shall  provide  by  law  for  the  election  of  a  ^governor  to  fill  such 


ALABAMA.  341 

vacancy,  or  until  the  governor  absent  or  impeached  shall  return  or  be 
acquitted. 

19.  If,  during  the  vacancy  of  the  office  of  governor,  the  president  of 
the  senate  shall  be  impeached,  removed  from  office,  refuse  to  qualify,  re- 
sign, die,  or  be  absent  from  the  state,  the  speaker  of  the  house  of  repre- 
sentatives shall  in  like  manner  administer  the  government. 

20.  The  president  of  the  senate  and  speaker  of  the  house  of  represen- 
tatives, during  the  time  they  respectively  administer  the  government, 
shall  receive  the  same  compensation  which  the  governor  would  have  re- 
ceived, had  he  been  employed  in  the  duties  of  his  office. 

21.  The  governor  shall  always  reside,  during  the  session  of  the  gene- 
ral assembly,  at  the  place  where  their  session  may  be  held,  and  at  all 
other  times,,  wherever,  in  their  opinion,  public  good  may  require. 

22.  No  person  shall  hold  the  office  of  governor,  and  any  other  office 
or  commission,  civil  or  military,  either  in  this  state,  or  under  any  state 
or  the  United  States,  or  any  other  power,  at  one  and  the  same  time. 

23.  A  state  treasurer  and  a  comptroller  of  public  accounts  shall  be 
annually  elected,  by  joint  vote  of  both  houses  of  the  general  assembly. 

24.  A  sheriff  shall  be  elected  in  each  county  by  the  qualified  electors 
thereof,  who  shall  hold  his  office  for  the  term  of  three  years  unless 
sooner  removed,  and  who  shall  not  be  eligible  to  sen-^e  either  as  princi- 
pal or  deputy  for  the  three  succeeding  years.  Should  a  vacancy  occur 
subsequent  to  an  election,  it  shall  be  filled  by  the  governor,  as  in  other 
cases,  and  the  person  so  appointed  shall  continue  in  office  until  the  next 
general  election,  when  such  vacancy  shall  be  filled  by  the  quaUfied  elec- 
tors, and  the  sherifl"  then  elected  shall  continue  in  office  for  three  years. 

Militia. 
§  1.  The  general  assembly  shall  provide  bylaw  for  the  organizmg  and 
disciplining  the  militia  of  this  state,  in  such  manner  as  they  shall  deem 
expedient,  not  incompatible  with  the  constitution  and  laws  of  the  United 
States  in  relation  thereto. 

2.  Any  person  who  conscientiously  scruples  to  hear  arms  shall  not  be 
compelled  to  do  so,  but  shall  pay  an  equivalent  for  personal  service. 

3.  The  governor  shall  have  power  to  call  forth  the  militia  to  execute 
the  laws  of  the  state,  to  suppress  insun-ections,  and  repel  invasions. 

4.  All  officers  of  the  militia  shall  be  elected  or  appointed  in  such 
manner  as  may  be  prescribed  by  law :  Provided,  that  the  general  assem- 
bly shall  not  malie  any  such  elections  or  appointments,  other  than  those 
of  adjutants-general,  and  quarter-masters-general. 

5.  The  governor  shall  appoint  his  aids-de-camp  ;  majors-general,  their 
aids-de-camp,  and  all  other  division  staff-officers  ;  brigadiers-general  shall 
appoint  their  aids,  and  all  other  brigade  staff-officers ;  and  colonels  shall 
appoint  their  regimental  staff-officers. 

6.  The  general  assembly  shall  fix  by  law  the  method  of  dividing  the 
militia  into  divisions,  brigades,  regiments,  battalions,  and  companies  : 
and  shall  fix  the  rank  of  all  staff-officers. 

auticle  5. 

Judicial  Department. 
§  1.  The  judicial  power  of  this  state  shall  be  vested  in  one  supreme 
court,  circui*  courts  to  be  held  in  each  county  in  the  state,  and  such  in- 

2  F  2 


342  CONSTITUTION    OF 

ferior  courts  of  law  and  equity,  to  consist  of  not  more  than  five  members, 
as  the  general  assembly  may,  from  time  to  time,  direct,  ordain,  and  estab- 
lish. 

2.  The  supreme  court,  except  in  cases  otherwise  directed  by  this  con- 
stitution, shall  have  appellate  jurisdiction  only,  which  shall  be  co-exten- 
sive with  the  state,  under  such  restrictions  and  regulations,  not  repug 
nant  to  this  constitution,  as  may  from  time  to  time  be  prescribed  by  law; 
I'rovided,  that  the  supreme  court  shall  have  power  to  issue  writs  of  in 
junction,  mandamus,  quo  warranto,  habeas  corpus,  and  such  other  reme- 
dial and  original  writs  as  may  be  necessary  to  give  it  a  general  superin 
tendence  and  control  of  inferior  jurisdictions. 

3.'  Until  the  general  assembly  shall  otherwise  prescribe,  the  powers  of 
the  supreme  court  shall  be  vested  in,  and  its  duties  shall  be  performed 
by,  the  judges  of  the  several  circuit  courts  within  this  state  :  and  they,  or 
a  majority  of  them,  shall  hold  such  sessions  of  the  supreme  court,  and  at 
such  times  as  may  be  directed  by  law :  Provided,  tiiat  no  judge  of  the 
supreme  court  shall  be  appointed  before  the  commencement  of  the  first 
session  of  the  general  assembly  which  shall  be  begun  and  held  after  the 
first  day  of  January  in  the  year  one  thousand  eight  hundred  and  twenty- 
five. 

4.  The  supreme  court  shall  be  holden  at  the  seat  of  government,  but 
may  adjourn  to  a  dillerent  place,  if  that  shall  become  dangerous  from  an 
enemy  or  from  disease. 

5.  The  state  shall  be  divided  into  convenient  circuits,  and  each  cir- 
cuit shall  contain  not  less  than  three,  nor  more  than  six  counties :  and 
for  each  circuit  there  shall  be  appointed  a  judge,  who  shall,  after  his  ap- 
pointment, reside  in  the  circuit  for  which  he  may  be  appointed. 

6.  The  circuit  court  shall  have  original  jurisdiction  in  all  matters,  civil 
and  criminal,  within  this  state,  not  otherwise  excepted  in  this  constitu- 
tion ;  but  in  civil  cases,  only  when  the  matter  or  sum  in  controversy  ex- 
ceeds fifty  dollars. 

7.  A  circuit  court  shall  be  held  in  each  county  in  the  state,  at  least 
twice  in  every  year,  and  the  judges  of  the  several  circuit  courts  may 
hold  courts  for  each  other,  when  they  may  deem  it  expedient,  and  shall 
do  so  when  directed  by  law. 

8.  The  general  assembly  shall  have  power  to  establish  a  court  or 
courts  of  chancery,  with  original  and  appellate  equity  jurisdiction  ;  and 
until  the  establishment  of  such  court  or  courts,  the  said  jurisdiction  shall 
be  vested  in  the  judges  of  the  circuit  courts  respectively  :  Provided,  that 
the  judges  of  the  several  circuit  courts  shall  have  power  to  issue  writs  of 
injunction,  returnable  into  the  courts  of  chancery.  - 

9.  The  general  assembly  shall  have  power  to  establish,  in  each  county 
within  this  state,  a  court  of  probate,  for  the  granting  of  letters  testament- 
ary and  of  administration,  and  for  orphan's  business. 

10.  A  competent  number  of  justices  of  the  peace  shall  be  appointed 
in  and  for  each  county,  in  such  mode,  and  for  such  term  of  office,  as  the 
general  assembly  may  direct.  Their  jurisdiction  in  civil  cases  shall  be 
limited  to  causes  in  which  the  amount  in  controversy  shall  not  exceed 
fifty  dollars.  And  in  all  cases,  tried  by  a  justice  of  the  peace,  right  of 
appeal  shall  be  secured,  under  such  rules  and  regulations  as  may  be  pre- 
scribed by  law. 

11.  Judges  of  the  supreme  and  circuit  courts,  and  courts  of  chancery. 


ALABAMA  343 

shall,  at  stated  times,  receive  for  their  services  a  compensation,  which 
shall  be  fixed  by  law,  and  shall  not  be  diminished  during  their  continu- 
ance in  office :  but  they  shall  receive  no  fees  or  perquisites  of  office,  nor 
hold  any  other  office  of  profit  or  trust  under  this  state,  the  United  States, 
or  any  other  power. 

12.  Chancellors,  judges  of  the  supreme  court,  judges  of  the  circuit 
courts,  and  judges  of  the  inferior  courts,  shall  be  elected  by  joint  vote  of 
both  houses  of  the  general  assembly. 

13.  The  judges  of  the  several  courts  in  this  state  shall  hold  their 
offices  during  good  behaviour  ;  and  for  wilful  neglect  of  duty,  or  other 
reasonable  cause,  which  shall  not  be  sufficient  ground  for  impeachment, 
the  governor  shall  remove  any  of  them,  on  the  address  of  two-thirds  of 
each  house  of  the  general  assembly  ;  provided,  however,  that  the  cause 
or  causes  for  which  such  removal  shall  be  required,  shall  be  stated  at 
length  in  such  address,  and  entered  on  the  journals  of  each  house  ;  and 
provided  further,  that  the  cause  or  causes  shall  be  notified  to  the  judge 
so  intended  to  be  removed,  and  he  shall  be  admitted  to  a  hearing  in  his 
own  defence,  before  any  vote  for  such  address  shall  pass  ;  and  in  all 
such  cases  the  vote  shall  be  taken  by  yeas  and  nays,  and  entered  on  the 
journals  of  each  house  respectively  ;  and  provided  also,  that  the  judges 
of  the  several  circuit  courts  who  shall  be  appointed  before  the  com- 
mencement of  the  first  session  of  the  general  assembly  which  shall  be 
begun  and  held  after  the  first  day  of  January  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  twenty-five,  shall  only  hold  their  offices 
during  good  ])ehaviour,  until  the  end  of  the  said  session,  at  which  time 
their  commissions  shall  expire. 

14.  No  person  who  shall  have  arrived  at  the  age  of  seventy  3'^ears  shall 
be  appointed  to,  or  continue  in  the  office  of  judge  in  this  state. 

15.  Clerks  of  the  circuit  and  inferior  courts  in  this  state  shall  be 
elected  by  the  qualified  electors  in  each  county,  for  the  term  of  four 
years,  and  may  be  removed  from  office  for  such  cause,  and  in  such  man- 
ner as  may  be  prescribed  by  law  ;  and  should  a  vacancy  occur,  subse- 
quent to  an  election,  it  shall  be  filled  by  the  judge  or  judges  of  the  courts 
in  which  such  vacancy  exists ;  and  the  person  so  appointed  shall  hold 
his  office  until  the  next  general  election  ;  provided,  however,  that  after 
the  year  one  thousand  eight  hundred  and  twenty-six,  the  general  assem- 
bly may  prescribe  a  different  mode  of  appointment,  but  shall  not  make 
such  appointment. 

16.  The  judges  of  the  supreme  court  shall,  by  virtue  of  their  offices, 
be  conservators  of  the  peace  throughout  the  state  ;  as  also  the  judges  of 
the  circuit  courts  in  their  respective  districts,  and  judges  of  the  inferior 
courts  in  their  respective  counties. 

17.  The  style  of  all  process  shall  be  "  the  state  of  Alabama,"  and  all 
prosecutions  shall  be  carried  on  in  the  name,  and  by  the  authority  of  the 
Btale  of  Alabama,  and  shall  conclude  "  against  the  peace  and  dignity  of 
the  same." 

18.  There  shall  be  an  attorney-general  for  the  state,  and  as  many  so- 
licitors as  the  general  assembly  may  deem  necessar}^  to  be  elected  by  a 
joint  vote  thereof,  who  shall  hold  their  offices  for  the  term  of  four  years, 
and  shall  receive  for  their  services  a  compensation,  which  shall  not  be 
diminished  during  their  continuance  in  office. 


344  CONSTITUTION    OF 

Impeachments. 

§  1.  The  house  of  representatives  shall  have  the  sole  pov^rer  of  im- 
peaching. 

2.  All  impeaclinicnts  shall  be  tried  by  the  senate  :  when  sitting  for 
that  purpose,  the  senators  shall  be  on  oath  or  affirmation  :  and  no  per- 
son shall  be  convicted  without  the  concurrence  of  two-thirds  of  the  mem- 
bers present. 

3.  The  governor  and  all  civil  officers  shall  be  liable  to  impeachment 
for  any  misdemeanour  in  office ;  but  judgment  in  such  cases  shall  not 
extend  further  tlian  to  removal  from  office,  and  to  disqualification  to  hold 
any  office  of  honour,  trust,  or  profit,  under  the  state  :  but  the  party  con 
victed  shall  nevertheless  be  liable  and  subject  to  indictment,  trial,  and 
punishment,  according  to  law. 

AUTICLK    6. 

General  Provisions, 

§  1.  The  members  of  the  general  assembly,  and  all  officers,  executive 
and  judicial,  before  they  enter  on  the  execution  of  their  respective  offices, 
shall  take  the  following  oath  or  affirmation,  to  wit :  "  I  solemnly  swear 
(or  affirm,  as  the  case  may  be)  that  I  will  support  the  constitution  of 
the  United  States,  and  constitution  of  the  state  of  Alabama,  so  long  as  I 
continue  a  citizen  thereof,  and  that  I  will  faithfully  discharge,  to  the  best 
of  my  abilities,  the  duties  of ,  according  to  law.     So  help  me  Goc}. 

2.  Treason  against  the  state  shall  consist  only  in  levying  war  against 
it,  or  in  adhering  to  its  enemies,  giving  them  aid  and  comfort.  No  per- 
son shall  be  convicted  of  treason  unless  on  the  testimony  of  two  wit- 
nesses to  the  same  overt  act,  or  his  own  confession  in  open  court. 

3.  The  general  assembly  shall  have  power  to  pass  such  penal  laws  to 
suppress  the  evil  practice  of  duelling,  extending  to  disqualification  from 
office  or  the  tenure  thereof,  as  they  may  deem  expedient. 

4.  Every  person  shall  be  disqualified  from  holding  any  office  or  place 
of  honour  or  profit,  under  the  authority  of  the  state,  who  shall  be  con- 
victed of  having  given  or  offered  any  bribe  to  procure  his  election  or 
appointment. 

5.  Laws  shall  be  made  to  exclude  from  office,  from  suffi-age,  and  from 
serving  as  jurors,  those  who  shall  hereafter  be  convicted  of  bribery,  per- 
jury, forgery,  or  other  high  crimes  or  misdemeanors.  The  privilege  of 
free  suffrage  shall  be  supported  by  laws  regulating  elections,  and  pro 
hibiting,  under  adequate  penalties,  all  undue  influence  thereon,  from 
newer,  bribery,  tumult,  or  other  improper  conduct. 

6.  In  all  elections  by  the  general  assembly,  the  members  thereof  shall 
vote  -viva  voce,  and  the  votes  shall  be  entered  on  the  journals. 

7.  No  money  shall  be  drawn  from  the  treasury,  but  in  consequence 
of  an  appropriation  made  by  law  ;  and  a  regular  statement  and  account 
of  the  receipts  and  expenditures  of  all  public  moneys  shall  be  published 
annually. 

8.  All  lands  liable  to  taxation  in  this  state,  shall  be  taxed  in  propor- 
tion to  their  value. 

9.  The  general  assembly  shall  direct,  by  law,  in  what  manner,  and  ir 
wha*  courts,  suits  may  be  brought  against  the  state^ 


ALABAMA.  345 

10.  It  shall  be  the  duty  of  the  general  assembly  to  regulate  by  law, 
the  cases  in  which  deductions  shall  be  made  from  the  salaries  of  public 
officers,  for  neglect  of  duty  in  their  official  capacities,  and  the  amount 
of  such  deduction. 

11.  Absence  on  business  of  this  state,  or  of  the  United  States,  or  on 
a  visit,  or  necessary  private  business,  shall  not  cause  a  forfeiture  of  a 
residence  once  obtained. 

12.  No  member  of  congress,  nor  any  person  holding  any  office  of 
profit  or  trust  under  the  United  States,  (the  office  of  postmaster  ex 
cepted,)  or  either  of  them,  or  any  foreign  power,  shall  hold  or  exercise 
any  office  of  profit  under  this  state. 

13.  Divorces  from  the  bonds  of  matrimony  shall  not  be  granted  but 
in  cases  provided  for  by  law,  by  suit  in  chancery  :  and  no  decree  for 
such  divorce  shall  have  effect  until  the  same  shall  be  sanctioned  by  two- 
thirds  of  both  houses  of  the  general  assembly. 

14.  In  prosecutions  for  the  publishing  of  papers  investigating  the 
official  conduct  of  officers  or  men  in  public  capacity,  or  when  the  mat- 
ter published  is  proper  for  public  information,  the  truth  thereof  may 
De  given  in  evidence  ;  and  in  all  indictments  for  libels,  the  jury  shall 
have  a  right  to  determine  the  law  and  the  facts,  under  the  direction  of 
the  courts. 

15.  Returns  of  all  elections  for  officers  who  are  to  be  commissioned 
by  the  governor,  and  for  members  of  the  general  assembly,  shall  be  made 
to  the  secretary  of  state. 

16.  No  new  county  shall  be  established  by  the  general  assembly, 
which  shall  reduce  the  county  or  counties,  or  either  of  them,  from  which 
it  shall  be  taken,  to  a  less  content  than  nine  hundred  square  miles  ;  nor 
shall  any  county  be  laid  off  of  less  contents.  Every  new  county,  as  to 
the  right  of  suffrage  and  representation,  shall  be  considered  as  a  part  of 
the  county  or  counties  from  which  it  was  taken,  until  entitled  by  num- 
bers to  the  right  of  separate  representation. 

17.  The  general  assembly  shall,  at  their  first  session,  which  may  be 
holden  in  the  year  eighteen  hundred  and  twenty-eight,  or  at  the  next 
succeeding  session,  arrange  and  designate  boundaries  for  the  several 
counties  within  the  limits  of  this  state,  to  which  the  Indian  title  shall 
have  been  extinguished,  in  such  manner  as  they  may  deem  expedient, 
which  boundaries  shall  not  be  afterwards  altered,  unless  by  the  agreement 
of  two-thirds  of  both  branches  of  the  general  assembly  ;  and  in  all  cases 
of  ceded  territory  acquired  by  the  state,  the  general  assembly  may  make 
such  arrangements  and  designations  of  the  boundaries  of  counties  within 
such  ceded  territory,  as  they  may  deem  expedient,  which  shall  only  be 
altered  in  like  manner ;  provided,  that  no  county  hereafter  to  be  formed 
shall  be  of  less  extent  than  nine  hundred  square  miles. 

18.  It  shall  be  the  duty  of  the  general  assembly  to  pass  such  laws 
as  may  be  necessary  and  proper  to  decide  differences  by  arbitrators,  to  be 
appointed  by  the  parties,  who  may  choose  that  summary  mode  of  ad- 
justment. 

19.  It  shall  be  the  duty  of  the  general  assembly,  as  soon  as  circum- 
stances will  permit,  to  form  a  penal  code,  founded  on  principles  of  re- 
formation, and  not  of  vindictive  justice. 

20.  Within  five  years  after  the  adoption  of  this  constitution,  the  body 
of  our  laws,  civil  and  criminal,  shall  be  revised,  digested,  and  arranged 


346  CONSTITUTION   OF 

under  proper  heads,  and  promulgated  ia  such  manner  as  the  general 
assembly  may  direct :  and  a  like  revision,  digest,  and  promulgation  shall 
be  made  within  every  subsequent  period  of  ten  years. 

21.  The  general  assembly  shall  make  provision  by  law  for  obtaining 
correct  knowledge  of  the  several  objects  proper  for  improvement  in  re- 
lation to  the  navigable  waters,  and  to  the  roads  in  this  state,  and  for 
making  a  systematic  and  economical  application  of  the  means  appropri- 
ated to  those  objects. 

22.  In  the  event  of  the  annexation  of  any  foreign  territory  to  this 
state,  by  a  cession  from  the  United  States,  laws  may  be  passed,  extend- 
ing to  the  inhabitants  of  such  territory  all  the  rights  and  privileges  which 
may  be  required  by  the  terms  of  such  cession  ;  any  thing  in  this  con- 
stitution to  the  contrary  notwithstanding. 

Education. 

Schools,  and  the  means  of  education,  shall  for  ever  be  encouraged  in 
this  state  ;  and  the  general  assembly  shall  take  measures  to  preserve 
from  unnecessary  waste  or  damage  such  lands  as  are,  or  hereafter  may 
be,  granted  by  the  United  States  for  the  use  of  schools  within  each  town- 
ship in  this  state,  and  apply  the  funds,  which  may  be  raised  from  such 
lands,  in  strict  conformity  to  the  object  of  such  grant.  The  general 
assembly  shall  take  like  measures  for  the  improvement  of  such  lands  as 
have  been  or  may  be  hereafter  granted  by  the  United  States  to  this  state, 
for  the  support  of  a  seminary  of  learning,  and  the  moneys,  which  may 
be  raised  from  such  lands,  by  rent,  lease,  or  sale,  or  from  any  other  quar- 
ter, for  the  purpose  aforesaid,  shall  be  and  remain  a  fund  for  the  exclu- 
sive support  of  a  state  university,  for  the  promotion  of  the  arts,  litera- 
ture, and  the  sciences ;  and  it  shall  be  the  duty  of  the  general  assembly, 
as  early  as  may  be,  to  provide  effectual  means  for  the  improvement 
and  permanent  security  of  the  funds  and  endowments  of  such  insti- 
tution. 

Establishment  of  Banks. 

§  1.  One  state  bank  may  be  established,  with  such  number  of  branches 
as  the  general  assembly  may,  from  time  to  time,  deem  expedient :  Pro- 
vided, that  no  branch  bank  shall  be  established,  nor  bank  charter  re- 
newed, under  the  authority  of  this  state,  without  the  concurrence  of 
two-thirds  of  both  houses  of  the  general  assembly ;  and  provided,  also, 
that  not  more  than  one  bank  nor  branch  bank  shall  be  established,  nor 
bank  charter  renewed,  at  any  one  session  of  the  general  assembly  ;  nor 
shall  any  bank  or  branch  bank  be  established,  or  bank  charter  renewed, 
but  in  conformity  with  the  following  rules : 

1.  At  least  two-fifths  of  the  capital  stock  shall  be  reserved  for  the 
state. 

2.  A  proportion  of  power  in  the  direction  of  the  bank  shall  be  re- 
served to  the  state,  equal  at  least  to  its  proportion  of  stock  therein. 

3.  The  state,  and  the  individual  stockholders,  shall  be  liable  respec- 
tively, for  the  debts  of  the  bank,  in  proportion  to  their  stock  holden 
therein. 

4.  The  remedy  for  collecting  debts  shall  be  reciprocal,  for  and  against 
the  bank. 


ALABAMA.  347 

5.  No  bank  shall  commence  operations  until  half  of  the  capital  stock 
subscribed  for  be  actually  paid  in  gold  or  silver,  which  amount  shall,  in 
no  case,  be  less  than  one  hundred  thousand  dollars. 

6.  In  case  any  bank  or  branch  bank  shall  neglect  or  refuse  to  pay,  on 
demand,  any  bill,  note,  or  obligation,  issued  by  the  corporation,  according 
to  the  promise  therein  expressed,  the  holder  of  any  such  note,  bill,  or 
obligation,  shall  be  entitled  to  receive  and  recover  interest  thereon,  until 
the  same  shall  be  paid,  or  specie  payments  are  resumed,  by  said  bank, 
at  (he  rate  of  twelve  per  cent,  per  annum  from  the  date  of  such  demand, 
unless  the  general  assembly  shall  sanction  such  suspension  of  specie 
payments  ;  and  the  general  assembly  shall  have  power,  after  such  neglect 
or  refusal,  to  adopt  such  measures  as  they  may  deem  proper,  to  protect 
and  secure  the  rights  of  all  concerned :  and  to  declare  the  charter  of 
such  bank  forfeited. 

7.  After  the  establishment  of  a  general  state  bank,  the  banks  of  this 
state  now  existing  may  be  admitted  as  branches  thereof,  upon  such  terms 
as  the  legislature  and  the  said  banks  may  agree,  subject,  nevertheless  to 
the  preceding  rules. 

Slaves. 

§  1.  The  general  assembly  shall  have  no  power  to  pass  laws  for  the 
emancipation  of  slaves  without  the  consent  of  their  owners,  or  without 
paying  their  owners,  previous  to  such  emancipation,  a  full  equivalent  in 
money  for  the  slaves  so  emancipated.  They  shall  have  no  power  to 
prevent  emigrants  to  this  state  from  bringing  with  them  such  persons  as 
are  deemed  slaves  by  the  laws  of  any  one  of  the  United  States,  so  long 
as  any  person  of  the  same  age  or  description  shall  be  continued  in  sla- 
very by  the  laws  of  this  state  :  Provided,  that  such  person  or  slave  be 
the  bo7ia  fide  property  of  such  emigrants  :  and  provided,  also,  that  laws 
may  be  passed  to  prohibit  the  introduction  into  this  state  of  slaves  who 
have  committed  high  crimes  in  other  states  or  territories.  They  shall 
have  power  to  pass  laws  to  permit  the  owners  of  slaves  to  emancipate 
them,  saving  the  rights  of  creditors,  and  preventing  them  from  becom- 
ing a  public  charge.  They  shall  have  full  power  to  prevent  slaves  from 
being  brought  into  this  state  as  merchandise,  and  also  to  oblige  the  own- 
ers of  slaves  to  treat  them  with  humanity,  to  provide  for  th ein  necessary 
food  and  clothing,  to  abstain  from  all  injuries  to  them  extending  to  life 
or  limb ;  and,  in  case  of  their  neglect  or  refiisal  to  comply  with  the  di- 
rections of  such  laws,  to  have  such  slave  or  slaves  sold  for  the  benefit  of 
the  owner  or  owners. 

2.  In  the  prosecution  of  slaves  for  crimes  of  higher  grade  than  petit 
larceny,  the  general  assembly  shall  have  no  power  to  deprive  them  of 
an  impartial  trial  by  a  petit  jury. 

3.  Any  person  who  shall  maliciously  dismember  or  deprive  a  slave  ot 
life,  shall  suffer  such  punishment  as  would  be  inflicted  in  case  the  liko 
offence  had  been  committed  on  a  free  white  person,  and  on  the  like 
proof;  except  in  case  of  insurrection  of  such  slave. 

JMode  of  amending  and  revising  the  Constitution. 

The  general  assembly,  whenever  two-thirds  of  each  house  shall  deem 
it  necessary,  may  propose  amendments  to  this  constitution :  which  pro 


348  CONSTITUTION  OF 

posea  amendments  shall  be  duly  published  in  print,  at  least  three  months 
before  the  next  general  election  of  representatives,  for  the  consideration 
of  the  people;  and  it  shall  be  the  duty  of  the  several  returning  officers, 
at  the  next  general  election  which  shall  be  held  for  representatives,  to 
o])en  a  poll  for,  and  make  a  return  to  the  secretary  of  state  for  the  time 
being,  of  the  names  of  all  those  voting  for  representatives,  who  have 
voted  on  such  proposed  amendments  ;  and  if  thereupon  it  shall  appear 
that  a  majority  of  all  the  citizens  of  this  state,  voting  for  representa- 
tives, have  voted  in  favour  of  such  proposed  amendments ;  and  two- 
thirds  of  each  house  of  the  next  general  assembly  shall,  after  such  an 
election,  and  before  another,  ratify  the  same  amendments  by  yeas  and 
nays,  the}'  shall  be  valid,  to  all  intents  and  purposes,  as  parts  of  this 
constitution  :  Provided,  that  the  said  proposed  amendments  shall,  at  each 
of  the  said  sessions,  have  been  read  three  times,  on  three  several  days 
in  each  house. 

SCHEDULE. 

§  1.  That  no  inconvenience  may  arise  from  a  change  of  territorial  to 
a  permanent  state  government,  it  is  declared  that  all  rights,  actions,  pro- 
secutions, claims,  and  contracts,  as  well  of  individuals  as  of  bodies  cor- 
porate, shall  continue  as  if  no  such  change  had  taken  place  :  and  all 
process  which  shall,  before  the  third  Monday  in  September  next,  be 
issued  in  the  name  of  the  Alabama  territory,  shall  be  as  valid  as  if  issued 
in  the  name  of  the  state. 

2.  All  fines,  penalties,  forfeitures,  and  escheats  accruing  to  the  Ala- 
bama territory,  shall  accrue  to  the  use  of  the  state. 

3.  The  validity  of  all  bonds  and  recognizances  executed  to  the  gov- 
ernor of  the  Alabama  territory,  shall  not  be  impaired,  by  the  change  of 
government,  but  may  be  sued  for  and  recovered  in  the  name  of  the 
governor  of  the  state  of  Alabama  and  his  successors  in  office ;  and  all 
criminal  or  penal  actions  arising  or  now  depending  within  the  limits  of 
this  state,  shall  be  prosecuted  to  judgment  and  execution  in  the  name 
of  said  state ;  all  causes  of  action  arising  to  individuals,  and  all  suits  at 
law  or  in  equity,  now  depending  in  the  several  courts  within  the  limits 
of  this  state,  and  not  already  barred  by  law,  may  be  commenced  in,  or 
transferred  to,  such  courts  as  may  have  jurisdiction  thereof. 

4.  All  oflScers,  civil  or  military,  now  holding  commissions  under  the 
authority  of  the  United  States,  or  of  the  Alabama  territory,  within  this 
state,  shall  continue  to  hold  and  exercise  their  respective  offices  under 
the  authority  of  this  state  until  they  shall  be  superseded  by  the  authority 
of  this  constitution,  and  shall  receive  from  the  treasury  of  this  state  the 
same  compensation  which  they  heretofore  received,  in  proportion  to  the 
time  they  shall  be  so  employed.  The  governor  shall  have  power  to  fill 
vacancies  by  commissions,  to  expire  so  soon  as  elections  or  appointments 
can  be  made  to  such  offices  by  authority  of  this  constitution. 

5.  All  laws  and  parts  of  laws,  now  in  force  in  the  Alabama  territory, 
which  are  not  repugnant  to  the  provisions  of  this  constitution,  shall 
continue  and  remain  in  force  as  the  laws  of  this  state,  until  they  expire 
by  their  own  limitation,  or  shall  be  altered,  or  repealed  by  the  legisla- 
ture thereof. 

G.   Every  wliite  male  person  above  the  age  of  tvfrenty-one  yeai-s,  wnc 


ALABAMA.  340 

shall  be  a  citizen  of  the  United  States,  and  resident  hi  tliis  slate  at  the 
time  of  the  adoption  of  this  constitution,  shall  be  deemed  a  qualified 
elector  at  the  first  election  to  be  holden  in  this  state.  And  every  white 
male  person  who  shall  reside  within  the  limits  of  this  state  at  the  time 
of  the  adoption  of  this  constitution,  and  shall  be  otherwise  qualified,  shall 
be  entitled  to  hold  any  oflftce  or  place  of  honour,  trust,  or  profit,  under 
this  state  ;  any  thing  in  this  constitution  to  the  contrary  notwithstanding. 

7.  The  president  of  this  convention  shall  issue  writs  of  election, 
directed  to  the  sheriffs  of  the  several  counties,  requiring  them  to  cause 
an  election  to  be  held  for  a  governor,  representative  to  the  congress  of 
the  United  States,  members  of  the  general  assembly,  clerks  of  the  several 
courts,  and  sherilTs  of  the  respective  counties,  at  the  respective  places  of 
election  in  said  counties,  on  the  third  Monday  and  the  day  following  in 
September  next,  which  elections  shall  be  conducted  in  the  manner  pre- 
scribed by  the  existing  election  laws  of  the  Alabama  territory ;  and  the 
said  governor  and  members  of  the  general  assembly,  then  duly  elected, 
shall  continue  to  discharge  the  duties  of  their  respective  offices,  for  the 
time  prescribed  by  this  constitution,  and  until  their  successors  shall  be 
duly  qualified. 

8.  Until  the  first  enumeration  shall  be  made,  as  directed  by  this  con- 
stitution, the  county  of  Autauga  shall  be  entitled  to  two  representatives  ; 
the  county  of  Baldwin  to  one  representative ;  the  county  of  Blount  to 
three  representatives  ;  the  county  of  Cahawba  to  one  representative  ;  the 
county  of  Clark  to  two  representatives  ;  the  county  of  Conechu  to  two 
representatives  ;  the  county  of  Cotaco  to  two  representatives  ;  the  county 
of  Dallas  to  two  representatives ;  the  county  of  Franklin  to  two  repre- 
sentatives ;  the  county  of  Lauderdale  to  two  representatives ;  the  county 
of  Lawrence  to  two  representatives ;  the  county  of  Limestone  to  three 
representatives  ;  the  county  of  Madison  to  eight  representatives  ;  the 
county  of  Marengo  to  one  representative ;  the  county  of  Marion  to  one 
representative  ;  the  county  of  Monroe  to  five  representatives  ;  the  county 
of  Montgomery  to  three  representatives ;  the  county  of  Mobile  to  one 
representative  ;  the  county  of  St.  Clair  to  one  representative  ;  the  county 
of  Shelby  to  two  representativas ;  the  county  of  Tuscaloosa  to  three  repre- 
sentatives ;  and  the  county  of  Washington  to  two  representatives.  And 
each  county  shall  be  entitled  to  one  senator,  who  shall  serve  for  one 
term. 

9.  The  oaths  of  office  herein  directed  to  be  taken,  may  be  administered 
by  any  justice  of  the  peace,  until  the  general  assembly  shall  otherwise 
direct. 


ORDINANCE. 

This  convention,  for  and  in  behalf  of  the  people  inhabiting  this  state, 
do  accept  the  proposition  offered  by  the  act  of  congress  under  which 
they  are  assembled  ;  and  this  convention,  for  and  in  behalf  of  the  people 
inhabiting  this  state,  do  ordain,  agree,  and  declare,  that  they  for  ever 
disclaim  all  right  and  title  to  the  waste  or  unappropriated  lands  lying 
within  this  state ;  and  that  the  same  shall  be  and  remain  at  the  sole  and 
entire  disposition  of  the  United  States ;  and  moreover,  that  each  and 
every  tract  of  land,  sold  by  the  United  States  after  the  first  day  of  Sep- 
2  G 


350  CONSTITUTION    OF 

tember  next,  shall  be  and  remain  exempt  from  any  tax  laid  by  the  ordej 
or  under  the  autliority  of  this  state,  whether  for  state,  coiinty,  township^ 
parish,  or  any  other  purpose  whatsoever,  for  tlie  term  of  five  years  fmm 
and  after  the  respective  days  of  sale  thereof;  and  that  the  lands  belonging 
to  the  citizens  of  the  United  States,  residing  out  of  the  limits  of  this 
state,  shall  never  be  taxed  higher  than  the  lands  belonging  to  persons 
residing  therein  ;  and  that  no  tax  shall  be  imposed  on  lands  the  pro- 
perty of  the  United  States  ;  and  that  all  navigable  waters  within  thia 
tate  shall  for  ever  remain  public  highways,  free  to  the  citizens  of  this 
sta*e  and  of  the  United  States  without  any  tax,  duty,  impost,  or  toll 
therefor,  imposed  by  this  state  :  and  this  ordinance  is  hereby  declared 
irrevocable  without  the  consent  of  the  United  States. 

Done  in  convention  at  Huntsville,  this  second  day  of  August,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  nineteen,  and 
of  American  independence  the  forty-fourth. 

J.  W.  WALKER, 

President  of  the  Convention. 
Attest,  JoHir  Caimcpbeli.,  Secretary. 


CONSTITUTION  OF  MISSOURI. 


We,  the  people  af  Missouri,  inhabiting  the  limits  hereinafter  desig. 
nated,  by  our  representatives  in  convention  assembled,  at  St.  Louis,  on 
Monday,  the  12th  day  of  June,  1820,  do  mutually  agree  to  form  and 
establish  a  free  and  independent  republic,  by  the  name  of  the  "  State  of 
Missouri,"  and  for  the  government  thereof  do  ordain  and  establish  this 
constitution. 

ARTICLE   1. 

Of  Boundaries. 

We  do  declare,  establish,  ratify,  and  confirm  the  following,  as  the 
permanent  boundaries  of  said  state,  that  is  to  say,  "  Beginning  in  the 
middle  of  the  Mississippi  river,  on  the  parallel  of  thirty-six  degrees  of 
north  latitude  ;  thence,  west,  along  the  said  parallel  of  latitude,  to  St. 
Francois  river ;  thence  up,  and  following  the  course  of  that  river,  in  tlie 
middle  of  the  main  channel  thereof,  to  the  parallel  of  latitude  of  thirty- 
six  degrees  and  thirty  minutes ;  thence,  west,  along  the  same  to  a  point 
where  the  said  parallel  is  intersected  by  a  meridian  line  passmg  through 
the  middle  of  the  mouth  of  the  Kansas  river,  where  the  same  empties 
into  the  Missouri  river ;  thence,  from  the  point  aforesaid,  north,  along 
the  said  meridian  line,  to  the  intersection  of  the  parallel  of  latitude  which 
passes  through  the  rapids  of  the  river  Des  Moines,  making  the  said  line 


MISSOURI.  351 

correspond  with  the  Indian  boundary  line ;  thence,  east,  from  the  point 
of  intersection  last  aforesaid,  along  the  said  parallel  of  latitude  to  the 
middle  of  the  channel  of  the  main  fork  of  the  said  river  Des  Moines ; 
thence,  down  and  along  the  middle  of  the  main  channel  of  the  said  river 
Des  Moines  to  the  mouth  of  the  same,  where  it  empties  into  the  Missis- 
sippi river  ;  thence,  due  east,  to  the  middle  of  the  main  channel  of  the 
Mississippi  river ;  thence,  down,  and  following  the  course  of  the  Missis- 
sippi river,  in  the  middle  of  the  main  channel  thereof,  to  the  place  of 
beginning." 

ARTICLE  2. 

Of  the  Distribution  of  Potoers. 
The  powers  of  government  shall  be  divided  into  three  distinct  depart- 
ments ;  each  of  which  shall  be  confided  to  a  separate  magistracy  :  and 
no  person  charged  with  the  exercise  of  powers  properly  belonging  to  one 
of  those  departments,  shall  exercise  any  power  properly  belonging  to 
either  of  the  others,  except  in  the  instances  hereinafter  expressly  directed 
or  permitted. 

ARTICLE    3. 

Of  the  Legislative  Poxver. 
§  1.  The  legislative  power  shall  be  vested  in  a  "  general  assembly/' 
which  shall  consist  of  a  "  senate,"  and  of  a  "  house  of  representatives." 

2.  The  house  of  representatives  shall  consist  of  members  to  be  chosen 
every  second  year,  by  the  qualified  electors  of  the  several  counties. 
Each  county  shall  have  at  least  one  representative;  but  the  whole 
number  of  representatives  shall  never  exceed  one  hundred. 

3.  No  person  shall  be  a  member  of  the  house  of  representatives  who 
shall  not  have  attained  the  age  of  twenty-four  years  ;  who  shall  not  be  a 
free  white  male  citizen  of  the  United  States ;  who  shall  not  have  been  an 
inhabitant  of  this  state  two  years,  and  of  the  county  which  he  represents 
one  year  next  before  his  election,  if  such  county  shall  have  been  so  long 
established  ;  but  if  not,  then  of  the  county  or  counties  from  which  the 
same  shall  have  been  taken  ;  and  who  shall  not,  moreover,  have  paid  a 
state  or  county  tax. 

4.  The  general  assembly,  at  their  first  session,  and  in  the  years  one 
thousand  eight  hundred  and  twenty-two,  and  one  thousand  eight  hun- 
dred and  twenty-four,  respectively,  and  every  fourth  year  thereafter,  shall 
cause  an  enumeration  of  the  inhabitants  of  this  state  to  be  made ;  and 
at  the  first  session  after  such  enumeration,  shall  apportion  the  number 
of  representatives  among  the  several  counties,  according  to  the  n  ^mber 
of  free  white  male  inhabitants  therein. 

5.  The  senators  shall  be  chosen  by  the  qualified  electors,  for  the  term 
of  four  years.  No  person  shall  be  a  senator  who  shall  not  have  attained 
to  the  ag^e  of  thirty  years :  who  shall  not  be  a  free  white  male  citizen  of 
the  United  States ;  who  shall  not  have  been  an  inhabitant  of  this  state 
four  years ;  and  of  the  district  which  he  may  be  chosen  to  represent  one 
year  before  his  election,  if  such  district  shall  have  been  so  long  esta- 
blished ;  but  if  not,  then  of  the  district  or  districts  from  which  the  same 
shall  have  l)^en  taken ;  and  who  shall  not,  moreover,  have  paid  a  state 
or  county  tax. 

6.  The  senate  shall  consist  of  not  less  than  fourteen  nor  more  tliar 


352  CONSTITUTION    OF 

thirty-three  members;  for  the  election  of  whom  the  state  shall  be 
divided  into  convenient  districts,  -which  may  be  altered  from  time  to 
time,  and  new  districts  established,  as  public  convenience  may  require, 
and  the  senators  shall  be  apportioned  among  the  several  districts  accord- 
ing to  the  number  of  free  white  male  inhabitants  in  each  :  Provided  that, 
when  a  senatorial  district  shall  be  composed  of  two  or  more  counties,  the 
counties  of  which  such  district  consists  shall  not  be  entirely  separated 
by  any  county  belonging  to  another  district ;  and  no  county  shall  be 
divided  in  forming  a  district. 

7.  At  the  first  session  of  the  general  assembly,  the  senators  shall  be 
divided  by  lot,  as  equally  as  may  be,  into  two  classes.  The  seats  of  the 
first  class  shall  be  vacated  at  the  end  of  the  second  year,  and  the  seats  of 
the  second  class  at  the  end  of  the  fourth  year ;  so  that  one-half  of  the 
senators  shall  be  chosen  every  second  year. 

8.  After  the  first  day  of  January,  one  thousand  eight  hundred  and 
twenty-two,  all  general  elections  shall  commence  on  the  first  Monday  in 
August,  and  shall  be  held  biennially ;  and  the  electors,  in  all  cases,  ex- 
cept of  treason,  felony,  or  breach  of  the  peace,  shall  be  privileged  from 
arrest  during  their  continuance  at  elections,  and  in  going  to,  and  return- 
ing from  the  same. 

9.  The  governor  shall  issue  writs  of  election,  to  fill  up  such  vacancies 
as  may  occur  in  either  house  of  the  general  assembly. 

10.  Every  free  white  male  citizen  of  the  United  States,  who  shall  have 
attained  the  age  of  twenty-one  years,  and  who  shall  have  resided  in  this 
state  one  year  before  an  election,  the  last  three  months  whereof  shall 
have  been  in  the  county  or  district  in  which  he  offers  to  vote,  shall  be 
deemed  a  qualified  elector  of  all  elective  offices :  Provided,  that  no  sol- 
dier, seaman,  or  marine,  in  the  regular  army  or  navy  of  the  United 
States,  shall  be  entitled  to  vote  at  any  election  in  this  state. 

11.  No  judge  of  any  court  of  law  or  equity,  secretary  of  state,  attor- 
ney-general, state  auditor,  state  or  county  treasurer,  register,  or  recorder, 
clerk  of  any  court  of  record,  sheriif,  coroner,  member  of  congress,  nor 
other  person  holding  any  lucrative  office  under  the  United  States  or  this 
state,  militia  officers,  justices  of  the  peace,  and  postmasters  excepted, 
shall  be  eligible  to  either  house  of  the  general  assembly. 

12.  No  person  who  now  is  or  hereafter  may  be  a  collector  or  holder 
of  public  money,  nor  any  assistant  or  deputy  of  such  collector  or  holder 
of  public  money,  shall  be  eligible  to  either  house  of  the  general  assem- 
bly, nor  to  any  office  of  profit  or  trust  until  he  shall  have  accounted  for, 
and  paid  all  sums  for  which  he  may  be  accountable. 

13.  No  person,  while  he  continues  to  exercise  the  functions  of  a 
bishop,  priest,  clergyman,  or  teacher  of  any  religious  persuasion,  deno- 
mination, society,  or  sect,  whatsoever,  shall  be  eligible  to  either  house 
of  the  general  assembly  ;  nor  shall  he  be  appointed  to  any  office  of  profit 
within  the  state,  the  office  of  justice  of  the  peace  excepted. 

14.  The  general  assembly  shall  have  power  to  exclude  from  every 
office  of  honour,  trust,  or  profit,  within  the  state,  and  from  the  right  of 
suffirage,  all  persons  convicted  of  bribery,  perjury,  or  other  infamou? 
crime. 

15.  Every  person  who  shall  be  convicted  of  having,  directly  or  indi- 
rectly, given  or  offered  any  bribe  to  procure  his  election  or  appointment, 
shall  be  disqualified  for  any  office  of  honour,  trust,  or  profit,  under  this 


MISSOURI.  353 

state ;  and  any  person  who  shall  give  or  offer  any  hribe  to  procure  tho 
election  or  appointment  of  any  person,  shall,  on  conviction  thereof,  be 
<lisqualiiied  for  an  elector,  or  for  any  office  of  honour,  trust,  or  profit, 
under  this  state,  for  ten  years  after  such  conviction. 

16.  No  senator  or  representative  shall,  during  the  term  for  which  he 
shall  have  been  elected,  he  appointed  to  any  civil  office  under  this  state, 
which  shall  have  been  created,  or  the  emoluments  of  which  shall  have 
been  increased,  during  his  continuance  in  office,  except  to  such  offices 
as  shall  he  filled  by  elections  of  the  people. 

17.  Each  house  shall  appoint  its  own  officers,  and  shall  judge  of  the 
qualifications,  elections,  and  returns  of  its  own  members.  A  majority 
of  each  house  shall  constitute  a  quorum  to  do  business ;  but  a  smaller 
number  may  adjourn  from  day  to  day,  and  may  compel  the  attendance 
of  absent  members  in  such  manner,  and  under  such  penalties,  as  each 
house  may  provide. 

18.  Each  house  may  determine  the  rules  of  its  proceedings;  punish 
its  members  for  disorderly  behaviour;  and,  with  the  concurrence  of  two- 
thirds  of  all  the  members  elected,  expel  a  member ;  but  no  member  shall 
he  expelled  a  second  time  for  the  same  cause.  They  shall  each,  from 
time  to  time,  publish  a  journal  of  their  proceedings,  except  such  parts  as 
may,  in  their  opinion,  require  secrecy ;  and  the  yeas  and  nays  on  any 
question  shall  be  entered  on  the  journal,  at  the  desire  of  any  two  mem- 
bers. 

19.  The  doors  of  each  house,  and  of  committee  of  the  whole,  shall  be 
kept  open,  except  in  cases  which  may  require  secrecy;  and  each  house 
may  punish,  by  fine  or  imprisonment,  any  person,  not  a  member,  who 
shall  be  guilty  of  disrespect  to  the  house,  by  any  disorderly  or  con- 
temptuous behaviour  in  their  presence,  during  their  session :  Provided, 
that  such  fine  shall  not  exceed  three  hundred  dollars,  and  such  imprison- 
ment sliail  not  exceed  forty-eight  hours  for  one  offence. 

20.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn  for 
more  than  two  days,  at  any  one  time,  nor  to  any  other  place  than  to 
that  in  which  the  two  houses  may  be  sitting. 

21.  Bills  may  originate  in  either  house,  and  may  be  altered,  amended, 
or  rejected,  by  the  other;  and  every  bill  shall  be  read  on  three  different 
days  in  each  house,  unless  two-thirds  of  the  house  where  the  same  is 
depending  shall  dispense  with  this  rule ;  and  every  hill,  having  passed 
both  houses,  shall  be  signed  by  the  speaker  of  the  house  of  representa- 
tives and  by  the  president  of  the  senate. 

22.  When  any  officer,  civil  or  military,  shall  be  appointed  by  the  joint 
or  concurrent  vote  of  both  houses,  or  by  the  separate  vote  of  either  house 
of  the  general  assembly,  the  votes  shall  be  publicly  given,  viva  voce,  and 
entered  on  the  journals.  The  whole  list  of  members  shall  be  called,  and 
the  names  of  absentees  shall  be  noted  and  published  with  the  journal. 

23.  Senators  and  representatives  shall,  in  all  cases,  except  of  treason, 
felony,  or  breach  of  the  peace,  be  privileged  from  arrest  during  the  ses- 
sion of  the  general  assembly,  and  for  fifteen  days  next  before  the  com- 
mencement and  after  the  termination  of  each  session  ;  and  for  any 
speech  or  debate  in  either  house,  they  shall  not  be  questioned  in  any 
other  place. 

24.  The  members  of  the  general  assembly  shall  severally  receive  from 
the  public  treasurv  a  compensation  for  their  services,  which  may,  from 

2  G  2 


354  CONSTITUTION    OF 

time  to  time,  be  increased  or  diminished  by  law ;  but  no  alteration,  in- 
creasing, or  tending  to  increase  the  compensation  of  members,  shall  take 
effect  during  the  session  at  which  such  alteration  shall  be  made. 

25.  The  general  assembly  shall  direct  by  law  in  what  manner,  and  in 
what  courts,  suits  may  be  brought  against  the  state. 

26.  The  general  assembly  shall  not  have  power  to  pass  laws : 

1.  For  the  emancipation  of  slaves  without  the  consent  of  their  owners ; 
or  without  paying  them,  before  such  emancipation,  a  full  equivalent  for 
such  slaves  so  emancipated:  and, 

2.  To  prevent  bona  fide  emigrants  to  this  state,  or  actual  settlers 
therein,  from  bringing  from  any  of  the  United  States,  or  from  any  of 
their  territories,  such  persons  as  may  there  be  deemed  to  be  slaves,  so 
long  as  any  persons  of  the  same  description  are  allowed  to  be  held  as 
slaves  by  the  laws  of  this  state. 

They  shall  have  power  to  pass  laws, 

1.  To  prohibit  the  introduction  into  this  state  of  any  slaves  who  may 
have  committed  any  high  crime  in  any  other  state  or  territory. 

2.  To  prohibit  the  introduction  of  any  slave  for  the  purpose  of  specu- 
lation, or  as  an  article  of  trade  or  merchandise. 

3.  To  prohibit  the  introduction  of  any  slave,  or  the  offspring  of  any 
slave,  who  heretofore  may  have  been,  or  who  hereafter  may  be  imported 
from  any  foreign  country  into  the  United  States,  or  any  territory  thereof, 
in  contravention  of  any  existing  statute  of  the  United  States  ;  and, 

4.  To  permit  the  owners  of  slaves  to  emancipate  them,  saving  the 
right  of  creditors,  where  the  person  so  emancipating  will  give  security 
that  the  slave  so  emancipated  shall  not  become  a  public  charge. 

It  shall  be  their  duty,  as  soon  as  may  be,  to  pass  such  laws  as  may  be 
necessary, 

1 .  To  prevent  free  negroes  and  mulattoes  from  coming  to,  and  settling 
in  this  state,  under  any  pretext  whatsoever ;  and, 

2.  To  oblige  the  owners  of  slaves  to  treat  them  with  humanity,  and 
to  abstain  from  all  injuries  to  them  extending  to  life  or  limb. 

27.  In  prosecutions  for  crimes,  slaves  shall  not  be  deprived  of  an  im- 
partial trial  by  jury,  and  a  slave  convicted  of  a  capital  offence  shall  suffer 
the  same  degree  of  punishment,  and  no  other,  that  would  be  inflicted  on 
a  white  person  for  a  like  offence;  and  courts  of  justice,  before  whom 
slaves  shall  be  tried,  shall  assign  them  counsel  for  their  defence. 

28.  Any  person  who  shall  maliciously  deprive  of  life,  or  dismember  a 
slave,  shall  suffer  such  punishment  as  would  be  inflicted  for  the  like 
offejice  if  it  were  committed  on  a  free  white  person. 

29.  The  governor,  lieutenant-governor,  secretary  of  state,  auditor, 
treasurer,  attorney-general,  and  all  judges  of  the  courts  of  law  and  equity, 
shall  be  liable  to  impeachment  for  any  misdemeanour  in  office  ;  but  judg- 
ment in  such  cases  shall  not  extend  further  than  removal  from  office,  and 
disqualification  to  hold  any  office  of  honour,  trust,  or  profit,  under  this 
state.  The  party  impeached,  whether  convicted  or  acquitted,  shall, 
nevertheless,  be  liable  to  be  indicted,  tried,  and  punished,  according  to 
law. 

30.  The  house  of  representatives  shall  have  the  sole  power  of  im- 
peachment. All  impeachments  shall  bo  tried  by  the  senate  ;  and,  when 
sitting  for  that  purpose,  the  senators  shall  be  on  oath  or  affirmation  to 
do  justice  according  to  law  and  evidence.     When 'the  governor  shall  bo 


MISSOURI.  355 

tried,  the  presiding  judge  of  the  supreme  court  shall  preside:  and  no 
person  shall  be  convicted  without  the  concurrence  of  two-thirds  of  all 
the  senators  present. 

31.  A  state  treasurer  shall  be  biennially  appointed  by  joint  vote  of  the 
two  houses  of  the  general  assembly,  who  shall  keep  his  office  at  the  seat 
of  government.  No  money  shall  be  drawn  from  the  treasury,  but  in 
consequence  of  appropriations  made  by  law ;  and  an  accurate  account 
of  the  receipts  and  expenditures  of  the  public  money  shall  be  annually 
published. 

32.  The  appointment  of  all  officers,  not  otherwise  directed  by  this 
constitution,  shall  be  made  in  such  manner  as  may  be  prescribed  by 
law ;  and  all  officers,  both  civil  and  military,  under  the  authority  of 
this  state,  shall,  before  entering  on  the  duties  of  their  respective  offices, 
take  an  oath  or  affirmation  to  support  the  constitution  of  the  United 
States,  and  of  this  state,  and  to  demean  themselves  faithfully  in  office. 

33.  The  general  assembly  shall  meet  on  the  third  Monday  in  Sep- 
tember next ;  on  the  first  Monday  in  November,  eighteen  hundred  and 
twenty-one  ;  on  the  first  Monday  in  November,  eighteen  hundred  and 
twenty-two,  and  thereafter  the  general  assembly  shall  meet  once  in  every 
two  years,  and  such  meeting  shall  be  on  the  first  Monday  in  November, 
unless  a  different  day  shall  be  appointed  by  law. 

34.  No  county  now  established  shall  ever  be  reduced,  by  the  estab- 
lishment of  new  counties,  to  less  than  twenty  miles  square  ;  nor  shall 
any  county  hereafter  be  established,  which  shall  contain  less  than  four 
hundred  square  miles. 

35.  Within  five  years  after  the  adoption  of  this  constitution,  all  the 
statute  laws  of  a  general  nature,  both  civil  and  criminal,  shall  be  revised, 
digested,  and  promulgated,  in  such  manner  as  the  general  assembly  shall 
direct,  and  a  like  revision,  digest,  and  promulgation,  shall  be  made  at  the 
expiration  of  every  subsequent  period  of  ten  years. 

36.  The  style  of  the  laws  of  this  state  shall  be,  "  Be  it  enacted  by  the 
General  Assembly  of  the  State  of  Jills  sour  i." 

AKTICLE  4. 

Of  the  Executive  Power. 
§  1.  The  supreme  executive  power  shall  be  vested  in  a  chief  magis- 
trate, who  shall  be  styled,  "  The  governor  of  the  state  of  Missouri." 

2.  The  governor  shall  be  at  least  thirty-five  years  of  age,  and  a  natu- 
ral born  citizen  of  the  United  States,  or  a  citizen  at  the  adoption  of  the 
constitution  of  the  United  States,  or  an  inhabitant  of  that  part  of  Louisi- 
ana now  included  in  the  state  of  Missouri  at  the  time  of  the  cession 
thereof  from  France  to  the  United  States,  and  shall  have  been  a  resident 
of  the  same  at  least  four  years  next  before  his  election. 

3.  The  governor  shall  hold  his  office  for  four  years,  and  until  a  suc- 
cessor be  duly  appointed  and  qualified.  He  shall  be  elected  in  the  man- 
ner following  :  At  the  time  and  place  of  voting  for  members  of  the  house 
of  representatives,  the  qualified  electors  shall  vote  for  a  governor  ;  and 
when  two  or  more  persons  have  an  equal  number  of  votes,  and  a  higher 
number  than  any  person,  the  election  shall  be  decided  between  them  by 
a  joint  vote  of  both  houses  of  the  general  assembly,  at  their  next  session, 

4.  The  governor  shall  be  ineligible  for  the  next  four  years  after  the 
expiration  of  his  term  of  service. 


356  CONSTITUTION    OP 

5.  The  governor  shall  be  commander-in-chief  of  the  militia  and  navy 
of  the  state,  except  when  they  shall  be  called  into  the  service  of  the 
United  States  ;  but  he  need  not  command  in  person,  unless  advised  so  to 
do  by  a  resolution  of  the  general  assembly. 

6.  The  governor  shall  have  povsrer  to  remit  fines  and  forfeitures ;  and. 
except  in  cases  of  impeachment,  to  grant  reprieves  and  pardons. 

7.  The  governor  shall,  from  time  to  time,  give  to  the  general  assembly 
information  relative  to  the  state  of  the  government,  and  shall  recommend 
to  their  consideration  such  measures  as  he  shall  deem  necessary  and  ex- 
pedient. On  extraordinary  occasions  he  may  convene  the  general  assem- 
bly by  proclamation,  and  shall  state  to  them  the  purposes  for  which  they 
are  convened. 

8.  The  governor  shall  take  care  that  the  laws  be  distributed  and  faith- 
fully executed  :  and  he  shall  be  a  conservator  of  the  peace  throughout 
the  state. 

9.  When  any  office  shall  become  vacant,  the  governor  shall  appoint  a 
person  to  fill  such  vacancy,  who  shall  continue  in  ofi:ice  until  a  succes- 
sor be  duly  appointed  and  qualified  according  to  law. 

10.  Every  bill  which  shall  have  been  passed  by  both  houses  of  the 
general  assembly  shall,  before  it  becomes  a  law,  be  presented  to  the  go- 
vernor for  his  approbation.  If  he  approve,  he  shall  sign  it ;  if  not,  he 
shall  return  it  with  his  objections  to  the  house  in  which  it  shall  have 
originated,  and  the  house  shall  cause  the  objections  to  be  entered  at  large 
on  its  journals,  and  shall  proceed  to  reconsider  the  bill.  If,  after  such 
reconsideration,  a  majority  of  all  the  members  elected  to  that  house  shall 
agree  to  pass  the  same,  it  shall  be  sent,  together  with  the  objections,  to 
the  other  house,  by  which  it  shall  be  in  like  manner  reconsidered,  and  if 
approved  by  a  majority  of  all  the  members  elected  to  that  house,  it  shall 
become  a  law.  In  all  such  cases  the  votes  of  both  houses  shall  be  taken 
by  yeas  and  nays,  the  names  of  the  members  voting  for  and  against  the 
bill  shall  be  entered  on  the  journal  of  each  house  respectively.  If  any 
bill  shall  not  be  returned  by  the  governor  within  ten  days  (Sundays  ex- 
cepted) after  it  shall  have  been  presented  to  him,  the  same  shall  become 
a  law,  in  like  manner  as  if  the  governor  had  signed  it ;  unless  the  gene- 
ral assembly,  by  its  adjournment,  shall  prevent  its  return,  in  which  case 
it  shall  not  become  a  law. 

11.  Every  resolution  to  which  the  concurrence  of  the  senate  and 
house  of  representatives  may  be  necessary,  except  on  cases  of  adjourn- 
ment, shall  be  presented  to  the  governor,  and  before  the  same  shall  take 
effect  shall  be  proceeded  upon  in  the  same  manner  as  in  the  case  of  a 
bill. 

12.  There  shall  be  an  auditor  of  public  accounts,  whom  the  governor, 
by  and  with  the  advice  and  consent  of  the  senate,  shall  appoint.  He 
shall  continue  in  oflice  four  years,  and  shall  perform  such  duties  as  may 
be  prescribed  by  law.    His  office  shall  be  kept  at  the  seat  of  government. 

13.  The  governor  shall,  at  stated  times,  receive  for  his  services  an  ade«= 
quate  salary,  to  be  fixed  by  law,  which  shall  neither  be  increased  nor  di- 
minished during  his  continuance  in  office,  and  which  shall  never  be  less 
than  two  thousand  dollars  annually. 

14.  There  shall  be  a  lieutenant-governor,  who  shall  be  elected  at  the 
same  time,  in  the  same  manner,  for  the  same  term,  and  shall  pos- 
sess the  same  qualifications  as  the  governor.     The  electors  shall  distin 


MISSOURI  357 

guish  for  whom  they  vote  as  govemu/",  and  for  whom  as  lieutenant-go- 
vernor. 

15.  The  lieutenant-governor  shall,  by  viitue  of  his  office,  be  president 
of  the  senate.  In  committee  of  the  whole  he  may  debate  on  all  ques- 
tions ;  and  when  there  is  an  equal  division,  he  shall  give  the  casting 
vote  in  senate,  and  also  in  joint  votes  of  both  houses. 

16.  When  the  office  of  governor  shall  become  vacant,  by  death,  resig- 
nation, absence  from  the  state,  removal  from  office,  refusal  to  qualify,  im- 
peachment, or  otherwise,  the  lieutenant-governor,  or,  in  case  of  like  disa- 
bility on  his  part,  the  president  of  the  senate  pro  tempore,  or,  if  there  be 
no  president  of  the  senate  pro  tempore,  the  speaker  of  the  house  of  re- 
presentatives shall  possess  all  the  powers,  and  discharge  all  the  duties, 
of  governor,  and  shall  receive  for  his  services  the  like  compensation,  until 
such  vacancy  be  filled,  or  the  governor,  so  absent  or  impeached,  shall  re- 
turn or  be  acquitted. 

17.  Whenever  the  office  of  governor  shall  become  vacant,  by  death, 
resignation,  removal  from  office,  or  otherwise,  the  lieutenant-governor, 
or  other  person  exercising  the  powers  of  governor  for  the  time  being, 
shall,  as  soon  as  may  be,  cause  an  election  to  be  held  to  fill  such  vacancy, 
giving  three  months  previous  notice  thereof;  and  the  person  elected 
shall  not  thereby  be  rendered  ineligible  to  the  office  of  governor  for  the 
next  succeeding  term.  Nevertheless,  if  such  vacancy  shall  happen  within 
eighteen  months  of  the  end  of  the  term  for  which  the  late  governor  shall 
have  been  elected,  the  same  shall  not  be  filled. 

18.  The  lieutenant-governor,  or  president  of  the  senate,  pro  tempore j 
•while  presiding  in  the  senate,  shall  receive  the  same  compensation  as 
shall  be  allowed  to  the  speaker  of  the  house  of  representatives. 

19.  The  returns  of  all  elections  of  governor  and  lieutenant-governor, 
shall  be  made  to  the  secretary  of  state,  in  such  manner  as  may  be  pre- 
scribed by  law. 

20.  Contested  elections  of  governor  and  lieutenant-governor  shall  be 
decided  by  joint  vote  of  both  houses  of  the  general  assembly,  in  such 
manner  as  may  be  prescribed  by  law. 

21.  There  shall  be  a  secretary  of  state,  whom  the  governor,  by  and 
with  the  advice  and  consent  of  the  senate,  shall  appoint.  He  shall  hold 
his  office  four  years,  unless  sooner  removed  on  impeachment.  He  shall 
keep  a  register  of  all  the  official  acts  and  proceedings  of  the  governor, 
and  when  necessary  shall  attest  them  ;  and  he  shall  lay  the  same,  to- 
gether with  all  papers  relative  thereto,  before  either  house  of  the  general 
assembly,  whenever  required  so  to  do  ;  and  .shall  perform  such  other  du- 
ties as  may  be  enjoined  on  him  by  law. 

22.  The  secretary  of  state  shall,  as  soon  as  may  be,  procure  a  seal  of 
state  with  such  emblems  and  devices  as  shall  be  directed  by  law,  which 
shall  not  be  subject  to  change.  It  shall  be  called  "  the  great  seal  of  the 
state  of  Missouri ;"  shall  be  kept  by  the  secretary  of  state  ;  and  all  official 
acts  of  the  governor,  his  approbation  of  the  laws  excepted,  shall  be  there- 
by authenticated. 

-  23.  There  shall  be  appointed  in  each  county  a  sheriff  and  coroner, 
who,  until  the  general  assembly  shall  otherwise  provide,  shall  be  elected 
by  the  quaUfied  electors,  at  the  time  and  place  of  electing  representatives. 
They  shall  serve  for  two  years,  and  until  a  snccessor  be  duly  appointed 
and  qualified,  unless  sooner  removed  for  misdemeanour  in  office,  and 


358  CONSTITUTION    OF 

shall  be  ineligible  four  years  in  any  terra  of  eight  years.  The  sheriff  and 
coroner  shall  each  give  security  for  the  faithful  discharge  of  the  duties  of 
his  office  in  such  manner  as  shall  be  prescribed  by  law.  Whenever  a 
county  shall  be  hereafter  established,  the  governor  shall  appoint  a  sheriff 
and  coroner  therein,  Vi^ho  shall  each  continue  in  office  until  the  next  suc- 
ceeding general  election,  and  until  a  successor  shall  be  duly  qualified. 

24.  When  vacancies  happen  in  the  office  of  sheriff  or  coroner,  they 
shall  be  filled  by  appointment  of  the  governor  ;  and  the  persons  so  ap- 
pointed shall  continue  in  office  until  successors  shall  be  duly  qualified, 
and  shall  not  be  thereby  rendered  ineligible  for  the  next  succeeding  term. 

25.  In  all  elections  of  sheriff  and  coroner,  when  two  or  more  persons 
have  an  equal  number  of  votes,  and  a  higher  number  than  any  other  per- 
son, the  circuit  courts  of  the  counties  respectively  shall  give  the  casting 
vote  ;  and  all  contested  elections  for  the  said  offices  shall  be  decided  by 
the  circuit  courts  respectively,  in  such  manner  as  the  general  assembly 
may  by  law  prescribe. 

AKTICLE  5. 

Of  the  Judicial  Power. 

§  1.  The  judicial  powers,  as  to  matter  of  law  and  equity,  shall  be  vested 
in  a  "  supreme  court,"  in  a  "  chancellor,"  in  "  circuit  courts,"  and  in 
such  inferior  tribunals  as  the  general  assembly  may,  from  time  to  time, 
ordain  and  establish. 

2.  The  supreme  court,  except  in  cases  otherwise  directed  by  this  con- 
stitution, shall  have  appellate  jurisdiction  only,  which  shall  be  co-exten- 
sive with  the  state,  under  the  restrictions  and  limitations  in  this  const! 
tution  provided. 

3.  The  supreme  court  shall  have  a  general  superintending  control 
over  all  inferior  courts  of  law.  It  shall  have  power  to  issue  writs  of 
habeas  corpus,  mandamus,  quo  ivarranto,  certiorari,  and  other  origi- 
nal remedial  writs ;  and  to  hear  and  determine  the  same. 

4.  The  supreme  court  shall  consist  of  three  judges,  any  two  of  whom 
shall  be  a  quorum,  and  the  said  judges  shall  be  conservators  of  the  peace 
throughout  the  state. 

5.  The  state  shall  be  divided  into  convenient  districts,  not  to  exceed 
four ;  in  each  of  which  the  supreme  court  shall  hold  two  sessions  an- 
nually, at  such  places  as  the  general  assembly  shall  appoint ;  and  when 
sitting  in  either  district,  it  shall  exercise  jurisdiction  over  causes  origi- 
nating in  that  district  only :.  provided,  however,  that  the  general  assem- 
bly may,  at  any  time  hereafter,  dirftct  by  law  that  the  said  com-t  shall  be 
held  at  one  place  only. 

6.  The  circuit  court  shall  have  jurisdiction  over  all  criminal  cases 
which  shall  not  be  otherwise  provided  for  by  law  ;  and  exclusive  original 
jurisdiction  in  all  civil  cases  which  shall  not  be  cognizable  before  jus- 
tices of  the  peace,  until  otherwise  directed  by  the  general  assembly.  It 
shall  hold  its  terms  in  such  place  in  each  county  as  may  be  by  law  directed. 

7.  The  state  shall  be  divided  into  convenient  circuits,  for  each  of 
which  a  judge  shall  be  appointed,  who,  after  his  appointment,  shall  re- 
side, and  be  a  conservator  of  the  peace,  within  the  circuit  for  which  he 
shall  be  appointed. 

8  The  circuit  courts  shall  exercise  a  superintending  control  over  aJI 


MISSOURI.  359 

such  inteiior  tribunals -as  the  general  assembly  may  establish,  and  over 
justices  of  the  peace  in  each  county  in  their  respective  circuits. 

9.  The  jurisdiction  of  the  court  of  chancery  shall  be  co-extensive  with 
the  state,  and  the  times  and  places  of  holding  its  sessions  shall  be  regu- 
lated in  the  same  manner  as  those  of  the  supreme  court. 

10.  The  court  of  chancery  shall  have  original  and  appellate  jurisdic- 
tion in  all  matters  of  equity,  and  a  general  control  over  executors,  ad- 
ministrators, guardians,  and  minors,  subject  to  appeal,  in  all  cases,  to  the 
supreme  court,  under  such  limitations  as  the  general  assembly  may  by 
law  provide. 

11.  Until  the  general  assembly  shall  deem  it  expedient  to  establish 
inferior  courts  of  chancery,  the  circuit  courts  shall  have  jurisdiction  in 
matters  of  equity,  subject  to  appeal  to  the  court  of  chancer^',  in  such 
manner,  and  under  such  restrictions,  as  shall  be  prescribed  by  law. 

12.  Inferior  tribunals  shall  be  established  in  each  county,  for  the  trans- 
action of  all  county  business  ;  for  appointing  guardians  ;  for  granting 
letters  testamentary,  and  of  administration  ;  and  for  settling  the  accounts 
of  executors,  administrators,  and  guardians. 

13.  The  governor  shall  nominate,  and,  by  and  with  the  advice  and 
consent  of  the  senate,  appoint  the  judges  of  the  superior  court,  the  judges 
of  the  circuit  courts,  and  the  chancellor,  each  of  whom  shall  hold  his 
office  during  good  behaviour,  and  shall  receive  for  his  services  a  compen- 
sation, which  shall  not  be  diminished  during  his  continuance  in  office, 
and  wdiich  shall  not  be  less  than  two  thousand  dollars  annually. 

14.  No  person  shall  be  appointed  a  judge  of  the  supreme  court,  nor 
of  a  circuit  court,  nor  chancellor,  before  he  shall  have  attained  to  the 
age  of  thirty  years  ;  nor  shall  any  person  continue  to  exercise  the  duties 
of  any  of  said  offices  after  he  shall  have  attained  to  the  age  of  sixty-five 
years. 

15.  The  courts  respectively  shall  appoint  their  clerks,  who  shall  hold 
their  offices  during  good  behaviour.  For  any  misdemeanour  in  office, 
they  shall  be  liable  to  be  tried  and  removed  by  the  supreme  court,  in 
such  manner  as  the  general  assembly  shall  by  law  provide. 

16.  Any  judge  of  the  supreme  court  or  of  the  circuit  court,  or  the 
chancellor,  may  be  removed  from  office  on  the  address  of  two-thirds  of 
each  house  of  the  general  assembly  to  the  governor  for  that  purpose  ;  but 
each  house  shall  state  on  its  respective  journal  the  cause  for  which  it 
shall  wish  the  removal  of  such  judge  or  chancellor,  and  give  him  notice 
thereof;  and  he  shall  have  the  right  to  be  heard  in  his  defence  in  such 
manner  as  the  general  assembly  shall  by  law  direct ;  but  no  judge  or  chan- 
cellor shall  be  removed  in  this  manner  for  any  cause  for  which  he  might 
have  been  impeached. 

17.  In  each  county  there  shall  be  appointed  as  many  justices  of  the 
peace  as  the  public  good  may  be  thought  to  require.  Their  powers  and 
duties,  and  their  duration  in  office,  shall  be  regulated  by  law. 

18.  An  attorney-general  shall  be  appointed  by  the  governor,  by  and 
with  the  advice  and  consent  of  the  senate.  He  shall  remain  in  office 
four  years,  and  shall  perform  such  duties  as  shall  be  required  of  him  by  law. 

19.  All  writs  and  process  shall  run,  and  all  prosecutions  shall  be  con- 
ducted in  the  name  of  the  "  State  of  Missouri  ;"  all  writs  shall  be  tested 
by  the  clerk  of  the  court  from  which  they  shall  be  issued,  and  all  indict- 
ments shall  conclude  "  against  the  peace  and  dignity  of  the  state." 


300  CONSTITUTION    OF 

ARTICLE   6. 

Of  Education. 

§  1.  Schools  and  the  means  of  education  shall  for  ever  be  encouraged 
m  this  state  ;  and  the  general  assembly  shall  take  measures  to  preserve 
from  waste  or  damage  such  lands  as  have  been,  or  hereafter  may  be  granted 
by  the  United  States  for  the  use  of  schools  within  each  township  in  this 
state,  and  shall  apply  the  funds  which  may  arise  from  such  lands  in 
strict  conformity  to  the  object  of  the  grant ;  and  one  school  or  more 
shall  be  established  in  each  township  as  soon  as  practicable  and  neces- 
sary, where  the  poor  shall  be  taught  gratis. 

2.  The  general  assembly  shall  take  measures  for  the  improvement  of 
such  lands  as  have  been,  or  hereafter  may  be  granted  by  the  United 
States  to  this  state,  for  the  support  of  a  seminary  of  learning ;  and  the 
funds  accruing  from  such  lands,  by  rent  or  lease,  or  in  any  other  man- 
ner, or  which  may  be  obtained  from  any  other  source,  for  the  purposes 
aforesaid,  shall  be  and  remain  a  permanent  fund  to  support  a  university 
for  the  promotion  of  literature,  and  of  the  arts  and  sciences  ;  and  it  shall 
be  the  duty  of  the  general  assembly,  as  soon  as  may  be,  to  provide  effec- 
tual means  for  the  improvement  and  permanent  security  of  the  funds  and 
endowments  of  such  institution. 

AUTICLE  7. 

Of  Internal  Improvetnent. 

Internal  improvement  shall  for  ever  be  encouraged  by  the  government 
of  this  state ;  and  it  shall  be  the  duty  of  the  general  assembly,  as  soon  as 
may  be,  to  make  provision  by  law  for  ascertaining  the  most  proper  ob- 
jects of  improvement,  in  relation  both  to  roads  and  navigable  waters ; 
and  it  shall  also  be  their  duty  to  provide  by  law  for  a  systematic  and 
economical  application  of  the  funds  appropriated  to  these  objects. 

ARTICLE   8. 

Of  Banks. 

The  general  assembly  may  incorporate  one  banking  company,  and  no 
more,  to  be  in  operation  at  the  same  time. 

The  bank  to  be  incorporated  may  have  any  number  of  branches  not  to 
exceed  five,  to  be  established  by  law  ;  and  not  more  than  one  branch 
shall  be  established  at  any  one  session  of  the  general  assembly.  The 
capital  stock  of  the  bank  to  be  incorporated  shall  never  exceed  five  mil- 
lions of  dollars,  at  least  one-half  of  which  shall  be  reserved  for  the  use 
of  the  state. 

ARTICLE  9. 

Of  the  Militia. 

§  1.  Field  officers  and  company  officers  shall  be  elected  by  the  pei- 
sons  subject  to  militia  duty  within  their  respective  command.  Briga- 
diers-general shall  be  elected  by  the  field  officers  of  their  respective  bri- 
gades ;  and  majors-general  by  the  brigadiers  and  field  officers  of  their 
respective  divisions,  until  otherwise  directed  by  law 


MISSOURI.  361 

2.  General  and  field  officers  shall  appoint  their  officers  of  the  staff. 

3.  The  governor  shall  appoint  an  adjutant-general,  and  all  other  mill 
tia  officers,  whose  appointments  are  not  otlierwise  provided  for  in  thi« 
const  lution. 

ARTICLE    10. 

Of  JStiscellaneoHs  Provisions. 

1.  The  general  assembly  of  this  state  shall  never  interfere  with  th 
primary  disposal  of  tlic  soil  of  the  United  States,  nor  with  any  regulation 
congress  may  find  necessary  for  securing  the  title  in  such  soil  to  the 
bo7ia  fide  purchasers.  No  tax  shall  be  imposed  on  lands  the  property 
of  the  United  States,  nor  shall  lands  belonging  to  persons  residing  out 
of  the  limits  of  this  state,  ever  be  taxed  higher  than  the  lands  belonging 

o  persons  residing  within  this  state. 

2.  The  state  shall  have  concun'ent  jurisdiction  on  the  river  Missis- 
sippi, and  on  every  other  river  bordering  on  the  said  state,  so  far  as  the 
said  river  shall  form  a  common  boundary  to  the  said  state  and  any  other 
state  or  states,  now  or  hereafter  to  be  formed,  and  bounded  by  the  same ; 
and  the  said  river  Mississippi,  and  the  navigable  rivers  and  waters  lead- 
ing into  the  same,  whether  bordering  on  or  within  this  state,  shall  be 
common  highways,  and  for  ever  free  to  the  citizens  of  this  state  and  of 
the  United  States,  without  any  tax,  duty,  impost,  or  toll  thereof  imposed 
by  the  state. 

ARTICLE   11. 

Of  the  permanent  Seat  of  Government. 
§  1.  The  general  assembly,  at  their  first  session,  shall  appoint  five 
commissioners  for  the  purpose  of  selecting  a  place  for  the  permanent 
seat  of  government,  whose  duty  it  shall  be  to  select  four  sections  of  the 
land  of  the  United  States  which  shall  not  have  been  exposed  to  public 
sale. 

2.  If  the  commissioners  believe  the  four  sections  of  land,  so  by  them 
to  be  selected,  be  not  a  suitable  and  proper  situation  for  the  permanent 
seat  of  government,  they  shall  select  such  other  place  as  they  deem  most 
proper  for  that  purpose,  and  report  the  same  to  the  general  assembly,  at 
the  time  of  making  their  report  provided  for  in  the  first  section  of  this 
article  :  Provided,  that  no  place  shall  be  selected  which  is  not  situated  on 
the  bank  of  the  Missouri  river,  and  within  forty  miles  of  the  mouth  of 
the  river  Osage. 

3.  If  the  general  assembly  determine  that  the  four  sections  of  land 
which  may  be  selected  by  authority  of  the  first  section  of  this  article,  be 
a  suitable  and  proper  place  for  the  permanent  seat  of  government,  the  said 
commissioners  shall  lay  out  a  town  thereon,  under  the  direction  of  the 
general  assembly  ;  but  if  the  general  assembly  deem  it  most  expedient  to 
fix  the  permanent  seat  of  government  at  the  place  to  be  selected  by  au- 
thority of  the  second  section  of  this  article,  they  shall  so  determine,  and 
in  that  event  shall  authorize  the  said  commissioners  to  purchase  any 
quantity  of  land,  not  exceeding  six  hundred  and  forty  acres,  which  may 
be  necessary  for  the  purpose  aforesaid  ;  and  the  place  so  selected  shall  be 
the  permanent  seat  of  government  of  this  state  from  and  after  the  first 
day  of  October,  one  thousand  eight  hundred  and  twenty-six. 

2H 


362  CONSTITUTION    OF 

4.  The  general  assembly,  in  selecting  the  above-mentioned  commis- 
sioners, shall  choose  one  from  each  extreme  part  of  the  state,  and  one 
from  the  centre,  and  it  shall  require  the  concurrence  of  at  least  three  of 
the  commissioners  to  decide  upon  any  part  of  the  duties  assigned  them. 

ARTICLE    12. 

jyiode  of  amending  the  Constitution. 

The  general  assembly  may  at  any  time  propose  such  amendments  to 
his  constitution  as  two-thirds  of  each  house  shall  deem  expedient ;  which 
shall  be  published  in  all  the  newspapers  published  in  this  state  three 
several  times,  at  least  twelve  months  before  the  next  general  election  ; 
and  if,  at  the  first  session  of  the  general  assembly  after  such  general 
election,  two-thirds  of  each  house  shall,  by  yeas  and  nays,  ratify  such 
proposed  amendments,  they  shall  be  valid  to  all  intents  and  purposes,  as 
parts  of  this  constitution:  Provided,  that  such  proposed  amendments 
shall  be  read  on  three  several  days,  in  each  house,  as  well  when  the 
same  are  proposed,  as  when  they  are  finally  ratified. 

ARTICLE    13. 

Declaration  of  Rights. 

That  the  general,  great,  and  essential  principles  of  liberty  and  free 
government  may  be  recognised  and  established,  v^'e  declare  : 

§  1.  That  all  political  power  is  vested  in,  and  derived  from  the  people. 

2.  That  the  people  of  this  state  have  the  inherent,  sole,  and  exclusive 
right  of  regulating  the  internal  government  and  police  thereof;  and  of 
altering  and  abolishing  their  constitution  and  form  of  government, 
whenever  it  may  be  necessary  to  their  safety  and  happiness. 

3.  That  the  people  have  the  right  peaceably  to  assemble  for  their 
common  good,  and  to  apply  to  those  vested  with  the  powers  of  govern- 
ment for  redress  of  grievances,  by  petition  or  remonstrance ;  and  that 
their  right  to  bear  arms  in  defence  of  themselves  and  of  the  state  cannot 
be  questioned. 

4.  That  all  men  have  a  natural  and  indefeasible  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  consciences  ;  that 
no  man  can  be  compelled  to  erect,  support,  or  attend  any  place  of 
worship,  or  to  maintain  any  minister  of  the  gospel  or  teacher  of  religion  ; 
that  no  human  authority  can  control  or  interfere  with  the  rights  of  con- 
science ;  that  no  person  can  ever  be  hurt,  molested,  or  restrained  in 
his  religious  profession,  or  sentiments,  if  he  do  not  disturb  others  in 
their  religious,  worship. 

5.  That  no  person,  on  account  of  his  religious  opinions,  can  be  ren- 
dered ineligible  to  any  office  of  trust  or  profit  under  this  state ;  that  no 
preference  can  ever  be  given  by  law  to  any  sect  or  mode  of  worship  ; 
and  that  no  religious  corporation  can  ever  be  established  in  this  state. 

6.  That  all  elections  shall  be  free  and  equal. 

7.  That  courts  of  justice  ought  to  be  open  to  every  person,  and  certain 
remedy  afforded  for  every  injury  to  person,  property,  or  character ;  and 
that  right  and  justice  ought  to  be  administered  without  sale,  denial,  or 
delay  ;  and  that  no  private  property  ought  to  be  taken  or  applied  to 
public  use  without  just  compensation.  , 


MISSOURI,  3G3 

8.  That  the  right  of  trial  by  jury  shall  rfiinain  inviolate. 

9.  That  in  all  criminal  prosecutions,  the  accused  has  the  right  to  be 
heard  hy  himself  and  his  counsel ;  to  demand  the  nature  and  cause  of 
accusations;  to  have  compulsory  process  for  witnesses  hi  his  favour;  to 
meet  the  witnesses  against  him  face  to  face  ;  and,  in  prosecutions  on 
presentment  or  indictment,  to  a  speedy  trial,  by  an  impartial  jury  of  the 
vicinage  ;  that  the  accused  cannot  be  compelled  to  give  evidence  against 
himself;  nor  be  deprived  of  life,  liberty,  or  property,  but  by  the  judgment 
of  his  peers,  or  the  law  of  the  land. 

10.  That  no  person,  after  having  been  once  acquitted  by  a  jury,  can, 
for  the  same  offence,  be  again  put  in  jeopardy  of  life  or  limb ;  but  if  in 
any  criminal  prosecution  the  jury  be  divided  in  opinion  at  the  end  of 
the  term,  the  court  before  which  the  trial  shall  be  had,  may,  in  its  dis- 
cretion, discharge  the  jury,  and  commit  or  bail  the  accused  for  trial  at 
the  next  term  of  such  court. 

1 1 .  That  all  persons  shall  be  bailable  by  sufficient  sureties,  except  for 
capital  offences,  when  the  proof  is  evident  or  the  presumption  great ; 
and  the  privilege  of  the  writ  of  habeas  corpus  cannot  be  suspended, 
unless  when,  in  cases  of  rebelUon  or  invasion,  the  public  saliety  may 
require  it. 

12.  That  excessive  bail  shall  not  be  required,  nor  excessive  fines  im- 
posed, nor  cruel  and  unusual  punishments  inflicted. 

13.  That  the  people  ought  to  be  secure  in  their  persons,  papers, 
houses,  and  effects,  from  unreasonable  searches  and  seizures  ;  and  no 
warrant  to  search  any  place,  or  to  seize  any  person  or  thing,  can  issue 
without  describing  the  place  to  be  searched,  or  the  person  or  thing  to 
be  seized,  as  nearly  as  may  be,  nor  without  probable  cause,  supported 
by  oath  or  affirmation. 

1 4.  That  no  person  can,  for  an  indictable  offence,  be  proceeded  against 
criminally,  by  information,  except  in  cases  arising  in  the  land  or  naval 
forces,  or  in  the  militia  when  in  actual  service,  in  time  of  war  or  public 
danger,  or  by  leave  of  the  court,  for  oppression  or  misdemeanour  in  olfice. 

15.  That  treason  against  the  state  can  consist  only  in  levying  war 
against  it,  or  in  adhering  to  its  enemies,  giving  them  aid  and  comfort : 
that  no  person  can  be  convicted  of  treason  unless  on  the  testimony  of 
two  witnesses  to  the  same  overt  act,  or  on  his  own  confession  in  open 
court ;  that  no  person  can  be  attainted  of  treason  or  felony  by  the  gene- 
ral assembly  ;  that  no  conviction  can  w^ork  corruption  of  blood,  or  for- 
feiture of  estate  ;  that  the  estates  of  such  persons  as  may  destroy  their 
own  lives  shall  descend  or  vest  as  in  cases  of  natural  death  ;  and  when 
any  person  shall  be  killed  by  casualty,  there  ought  to  be  no  forfeiture 
by  reason  thereof. 

16.  That  the  free  communication  of  thoughts  and  opinions  is  one  of 
the  invaluable  rights  of  man,  and  that  every  person  may  freely  speak, 
write,  and  print  on  any  subject,  being  responsible  for  the  abuse  of  that 
liberty  ;  that  in  all  prosecutions  for  libels,  the  truth  thereof  may  be  given 
in  evidence,  and  the  jury  may  determine  the  law  and  the  facts,  under 
the  direction  of  the  court. 

17.  That  no  ex  post  facto  law,  nor  law  impairing  the  obligation  of 
contracts,  or  retrospective  in  its  operations,  can  be  passed  ;  nor  can  the 
person  of  a  debtor  be  imprisoned  for  debt  after  he  shall  have  surrendered 


364  CIONST'ITUTION    OF 

his  property  for  the  benefit  of  his  creditors  in  such  manner  as  may  be 
prescribed  by  law. 

18.  That  no  person  who  is  rcHgiously  scrupulous  of  bearing  arms 
can  be  compelled  to  do  so,  but  may  be  compelled  to  pay  an  equivalent 
for  military  service,  in  such  manner  as  shall  be  prescribed  by  law ;  and 
that  no  priest,  preacher  of  the  gospel,  or  teacher  of  any  religious  per- 
suasion or  sect,  regularly  ordained  as  such,  be  subject  to  militia  duty,  or 
compelled  to  bear  arms. 

19.  That  all  property,  subject  to  taxation  in  this  state,  shall  be  taxed 
in  proportion  to  its  value. 

20.  That  no  title  of  nobility,  hereditary  emolument,  privilege,  or 
distinction,  shall  be  granted  ;  nor  any  office  created,  the  duration  of 
which  shall  be  longei  than  the  good  behaviour  of  the  officer  appointed 
to  fill  the  same. 

21.  That  emigration  from  this  state  cannot  be  prohibited. 

22.  That  the  military  is,  and  in  all  cases,  and  at  all  times,  shall  be  in 
strict  subordination  to  the  civil  power  ;  that  no  soldier  can,  in  time  of 
peace,  be  quartered  in  any  house,  without  the  consent  of  the  owner,  nor 
in  time  of  war,  but  in  such  manner  as  may  be  prescribed  by  law ;  nor 
can  any  appropriation  for  the  support  of  any  army  be  made  for  a  longer 
period  than  two  years. 

SCHEDULE. 

§  1.  That  no  inconvenience  mliy  arise  from  the  change  of  govern- 
ment, we  declare,  that  all  writs,  actions,  prosecutions,  judgments,  claims, 
and  contracts  of  individuals  and  of  bodies  corporate,  shall  continue  as 
if  no  change  had  taken  place  ;  and  all  process  which  may,  before  the 
third  Monday  in  September  next,  be  issued  under  the  authority  of  the 
territory  of  Missouri,  shall  be  as  valid  as  if  issued  in  the  name  of  the 
state. 

2.  All  laws  now  in  force  in  the  territory  of  Missouri,  which  are  not 
repugnant  to  this  constitution,  shall  remain  in  force  until  they  expire  by 
their  own  limitations,  or  be  altered  or  repealed  by  the  general  assembly. 

3.  All  fines,  penalties,  forfeitures,  and  escheats,  accruing  to  the  terri- 
tory of  Missouri,  shall  accrue  to  the  use  of  the  state. 

4.  All  recognizances  heretofore  taken,  or  which  may  be  taken  before 
the  third  Monday  in  September  next,  shall  remain  valid,  and  shall  pass 
over  to,  and  may  be  prosecuted  in  the  name  of  the  state  :  and  all  bonds 
executed  to  the  governor  of  the  territory,  or  to  any  other  officer  or  court 
in  his  official  capacity,  shall  pass  over  to  the  governor,  or  other  proper 
state  authority,  and  to  their  successors  in  office,  for  the  uses  therein 
respectively  expressed,  and  may  be  sued  for  and  recovered  accordingly. 
All  criminal  prosecutions  and  penal  actions,  which  have  arisen,  or  which 
may  arise  before  the  third  Monday  in  September  next,  and  which  shall 
then  be  depending,  shall  be  prosecuted  to  judgment  and  execution  in 
the  name  of  the  state.  All  actions  at  law  which  now  are,  or  which,  on 
the  third  Monday  in  September  next,  may  be  depending  in  any  of  the 
courts  of  record  in  the  territory  of  Missouri,  may  be  commenced  in,  or 
transferred  to  any  court  of  record  of  the  state  which  shall  have  jurisdic- 
tion of  the  subject  matter  thereof;  and  all  suits  in  equity  may,  in  like 
manner,  be  commenced  in,  or  transferred  to  the  court  of  chancery. 


MISSOURI.  365 

5.  All  officers,  civil  and  military,  now  holding  commissions  under  the 
authority  of  the  United  States,  or  of  the  territory  of  Missouri,  shall 
continue  to  hold  and  exercise  their  respective  offices,  until  they  shall  be 
superseded  under  the  authority  of  the  state ;  and  all  such  oiliccrs  holdina: 
commissions  under  the  authority  of  the  territory  of  Missouri,  shall 
receive  the  same  compensation  which  they  hitherto  received,  in  propor" 
tion  to  the  time  they  shall  he  so  employed. 

6.  The  first  meeting  of  the  general  assembly  shall  be  at  St.  Louis, 
v/ith  power  to  adjourn  to  any  other  place;  and  the  general  assembly,  at 
the  first  session  thereof,  shall  fix  the  seat  of  government  until  the  first 
day  of  October,  eighteen  hundred  and  twenty -six  ;  and  the  first  session 
of  the  general  assembly  shall  have  pov/er  to  fix  the  comjiensation  of  the 
members  thereof;  any  thing  in  the  constitution  to  the  contrary  notwith- 
standing. 

7.  Until  the  first  enumeration  shall  be  made,  as  directed  in  this  con- 
stitution, the  county  of  Howard  shall  be  entitled  to  eight  representatives, 
tlie  county  of  Cooper  to  four  representatives,  the  county  of  Montgomery 
to  two  representatives,  the  county  of  Lincoln  to  one  representative,  the 
county  of  Pike  to  two  representatives,  the  county  of  St.  Charles  to  three 
representatives,  the  county  of  St.  Louis  to  six  representatives,  the  county 
of  Jefferson  to  one  representative,  the  county  of  Washington  to  two 
representatives,  the  county  of  St.  Genevieve  to  four  representatives,  the 
county  of  Cape  Girardieu  to  four  representatives,  the  county  of  New 
Madrid  to  two  representatives,  the  county  of  Madison  to  one  representa- 
tive, the  county  of  Wayne  to  one  representative,  and  that  part  of  the 
county  of  St.  Lawrence  situated  within  this  state,  shall  attach  to,  and 
form  part  of  the  county  of  Wayne  until  otherwise  provided  by  law,  and 
the  sherilf  of  the  county  of  Wayne  shall  appoint  the  judges  of  the  first 
election,  and  the  place  of  holding  the  same,  in  the  part  tlms  attached  ; 
and  any  person  who  shall  have  resided  within  the  limits  of  this  state 
five  months  previous  to  the  adoption  of  this  constitution,  and  who  shall 
be  otherwise  qualified  as  prescribed  in  the  third  section  of  the  third 
article  thereof,  shall  be  eligible  to  the  house  of  representatives,  any  thing 
in  this  constitution  to  the  contrary  notwithstanding. 

8.  For  the  first  election  of  senators,  the  state  shall  be  divided  into 
districts,  and  the  apportionment  shall  be  as  follows,  that  is  to  say  :  the 
counties  of  Howard  and  Cooper  shall  compose  one  district  and  elect  four 
senators,  the  counties  of  Montgomery  and  Franklin  shall  compose  one 
district  and  elect  one  senator,  the  county  of  St.  Charles  shall  compose 
one  district  and  elect  one  senator,  the  counties  of  Lincoln  and  Pike 
shall  compose  one  district  and  elect  one  senator,  the  county  of  St.  Louis 
shall  compose  one  district  and  elect  two  senators,  the  counties  of  Wash- 
ington and  Jefferson  shall  compose  one  district  and  elect  one  senator, 
the  county  of  St.  Genevieve  shall  compose  one  district  and  elect  one 
senator,  the  counties  of  Madison  and  Wayne  shall  compose  one  district 
and  elect  one  senator,  the  counties  of  Cape  Girardieu  and  New  Madrid 
shall  compose  one  district  and  elect  two  senators  ;  and  in  all  cases  where 
a  senatorial  district  consists  of  more  than  one  county,  it  shall  be  the 
duty  of  the  clerk  of  the  county  second  named  in  that  district  to  certify 
the  returns  of  the  senatorial  election  within  their  proper  county,  to  *,he 
clerk  of  the  county  first  named,  within  five  days  after  he  shall  have 
received  the  same  ;  and  any  person  who  shall  have  resided  within  the 

2  H  'Z 


S6Q  CONSTITUTION  OF 

limits  of  thij  state  five  months  previous  to  the  adoption  of  this  consti- 
tution, and  who  shall  be  otherwise  qualified  as  prescribed  in  the  fifth 
section  of  the  third  article  thereof,  shall  be  eligible  to  the  senate  of  tlus 
state,  any  thing  in  this  constitution  to  the  contrary  notwithstanding. 

9.  The  president  of  the  convention  shall  issue  writs  of  election  to  the 
sheriffs  of  the  several  counties,  or  in  case  of  vacancy,  to  the  coroners, 
requiring  them  to  cause  an  election  to  be  held  on  the  fourth  Monday  in 
August  next,  for  a  governor,  a  lieutenant-governor,  a  representative  in 
the  congress  of  the  United  States,  for  the  residue  of  the  sixteenth  con- 
gress, a  representative  for  the  seventeenth  congress,  senators  and  repre- 
sentatives for  the  general  assembly,  sheriffs  and  coroners,  and  the  returns 
of  all  township  elections,  held  in  pursuance  thereof,  shall  be  made  to  the 
clerks  of:" the  proper  county  within  five  days  after  the  day  of  election  : 
and  any  person  who  shall  reside  within  the  limits  of  this  state  at  the 
time  of  the  adoption  of  this  constitution,  and  who  shall  be  otherwise 
qualified  as  pres  ribed  in  the  tenth  section  of  the  third  article  thereof, 
shall  be  deemed  a  qualified  elector,  any  thing  in  this  constitution  to  the 
contrary  notwithstanding. 

10.  The  elections  shall  be  conducted  according  to  the  existing  laws 
of  the  Missouri  teriitory.  The  clerks  of  the  circuit  courts  of  the  several 
counties  shall  certify  the  returns  of  the  election  of  governor  and  licu- 
tenant-go^  ernor,  and  transmit  the  same  to  the  speaker  of  the  house  of 
representatives,  at  the  tonporary  seat  of  government,  in  such  time  that 
they  may  be  received  on  the  third  Monday  of  September  next.  As  soon 
as  the  general  assembly  shall  be  organized,  the  speaker  of  the  house  of 
representatives,  and  the  president  pro  tempore  of  the  senate,  shall,  in  the 
presence  of  both  houses,  examine  the  returns,  and  declare  who  are  duly 
elected  to  fill  those  oflices  ;  and  if  any  two  or  more  persons  shall  have 
an  equal  number  of  votes,  and  a  higher  number  than  any  other  person, 
the  general  assembly  shall  determine  the  election  in  the  manner  herein 
provided ;  and  the  returns  of  the  election  for  members  of  congress  shall 
be  made  to  the  secretary  of  the  state  within  thirty  days  after  the  day  of 
election. 

11.  The  oaths  of  oflfice,  herein  directed  to  be  taken,  may  be  adminis- 
tered by  any  judge  or  justice  of  the  peace,  until  the  general  assembly 
shall  otherwise  direct. 

12.  Until  a  seal  of  the  state  be  provided,  the  governor  may  use  his 
private  seal. 

DAVID  BARTON, 

President  of  the  Convention, 
Attest,    Wm.  G.  Pkttus, 

Secretary  of  the  Convention. 


AN  ORDINANCE, 

Declaring  the  assent  of  the  people  of  the  state  of  JYUssonri,  by  theii 
representatives  in  convention  assembled,  to  certain  conditions  and 
provisions  in  the  act  of  congress  on  the  sixth  of  JMarch,  one  thou 
sand  eight  hxindred  and  tiventy,  entitled,  "Jin  act  to  authorize  tht 


MISSOURI.  367 

people  of  JW-ssow'i  territory  to  form  n  constitution  and  state  ffo- 
'oernment,  and  for  the  admission  of  such  state  into  the  Union  on  an 
equal  footing  -with  the  origiiial  states,  and  to  prohibit  slavery  in 
certain  territories. 

Whf.iikas  the  act  of  congress  of  the  United  States  of  America,  ap- 
proved March  the  sixth,  one  thousand  eiglit  hundred  and  twenty,  entitled 
**An  act  to  authorize  the  people  of  Missouri  territory  to  form  a  consti- 
tution and  state  government,  and  for  the  admission  of  such  state  into 
the  Union,  on  an  equal  footing  with  the  original  states,  and  to  prohibit 
slavery  in  certain  territories,"  contains  certain  requisitions  and  provisions, 
and  among  other  things,  has  offered  to  this  convention,  when  formed, 
for  and  in  behalf  of  the  people  inhabiting  this  state,  for  their  free  accept- 
ance, or  rejection,  the  five  following  propositions,  and  which,  if  accepted 
by  this  convention  in  behalf  of  the  people  as  aforesaid,  are  to  be  obliga- 
tory on  the  United  States,  viz  ; 

"  1st.  That  section  numbered  sixteen,  in  every  township,  and  when 
such  section  has  been  sold,  or  otherwise  disposed  of,  other  lands  equiva- 
lent thereto,  and  as  contiguous  as  may  be,  shall  be  granted  to  the 
state,  for  the  use  of  th*j  inhabitants  of  such  township,  for  the  use  of 
schools. 

"  2d.  That  all  salt  springs,  not  exceeding  twelve  in  number,  with  six 
sections  of  land  adjoining  to  each,  shall  be  granted  to  the  said  state  for 
the  use  of  the  said  state,  the  same  to  be  selected  by  the  legislature  of 
said  state,  on  or  before  the  first  day  of  Januaiy,  in  the  year  one  thousand 
eight  hundred  and  twenty-five  :  and  the  same  when  so  selected,  to  be 
used  under  such  terms,  conditions,  and  regulations,  as  the  legislature  of 
said  state  shall  direct :  Provided,  that  no  salt  spring,  the  right  whereof 
now  is,  or  hereafter  shall  be  confirmed  or  adjudged  to  any  individual  or 
individuals,  shall  by  this  section  be  granted  to  said  state  ;  and  provided 
also,  that  the  legislature  shall  never  sell  nor  lease  the  same,  at  any 
one  time,  for  a  longer  period  than  ten  years,  without  the  consent  of 
congress. 

"  3d.  That  five  per  cent,  of  the  neat  proceeds  of  the  sale  of  lands 
lying  within  said  territory  or  state,  and  which  shall  be  sold  by  congress, 
from  and  after  the  first  day  of  January  next,  after  deducting  all  expense 
incident  to  the  same,  shall  be  reserved  for  making  public  roads  and 
canals,  of  which  three-fifths  shall  be  applied  to  those  objects  within  the 
state,  under  the  direction  of  the  legislature  thereof,  and  the  other  two- 
fifths  in  defraying,  under  the  direction  of  congress,  the  expenses  to  be 
incurred  in  making  of  a  road  or  roads,  canal  or  canals,  leading  to  the 
said  state. 

"  4th.  That  four  entire  sections  of  land  be,  and  the  same  are  hereby 
granted  to  the  said  state,  for  the  purpose  of  fixing  their  seat  of  govern- 
ment thereon  ;  which  said  sections  shall,  under  the  direction  of  the 
legislature  of  said  state,  be  located,  as  near  as  may  be,  in  one  body,  at 
any  time,  in  such  townships  and  ranges  as  the  legislature,  aforesaid, 
may  select,  on  any  of  the  public  lands  of  the  United  States  :  Provided, 
that  such  location  shall  be  made  prior  to  the  public  sale  of  the  lands  of 
the  United  States  surrounding  such  location. 

"  .5th.  That  thirty-six  sections,  or  one  entire  township,  which  shall 
be  designated  by  the  president  of  the  United  States,  together  with  the 


303  CONSTITUTION   OF 

other  lantls  heretofore  reserved  for  that  purpose,  shall  be  reserved  foi'  the 
use  of  a  seminary  of  learning,  and  vested  in  the  legislature  of  sai«l 
state,  to  be  appropriated  solely  for  the  use  of  such  seminary,  by  the  le- 
gisL...c."  _ 

Now,  this  convention,  for  and  in  behalf  of  the  people  inhabiting  thi? 
state,  and  by  the  authoiity  of  the  said  people,  do  acccjjt  the  five  before 
recited  propositions,  oflered  by  the  act  of  congress  under  which  they 
are  assembled  ;  and,  in  pursuance  of  the  conditions,  requisitions,  and 
other  provisions  in  the  before  recited  act  of  congres.^  contained,  this  con- 
vention, for  and  in  behalf  of  the  people  inhabiting  this  state,  do  ordain, 
agree,  and  declare,  that  every  and  each  tract  of  land  sold  by  the  United 
States,  from  and  after  the  first  day  of  January  next,  shall  remain  exempt 
from  any  tax  laid  by  order  or  under  the  authority  of  the  state,  whether 
for  state,  county,  or  township,  or  any  other  purpose  whatever,  for  the 
term  of  five  years  from  and  after  tlie  respective  days  of  sale  thereof 
And  that  the  bounty  lands  granted,  or  hereafter  to  be  granted,  for  mill 
tary  services,  during  the  late  v/ar,  shall,  while  they  continue  to  be  held 
by  the  patentees  or  their  heirs,  remain  exempt,  as  aforesaid,  from  taxa- 
tion, for  the  term  of  three  years  from  and  after  the  date  of  the  patents 
respectively :  Pi-ovided,  nevertheless,  that  if  the  congress  of  the  United 
States  shall  consent  to  repeal  and  revoke  the  following  clause  in  the 
fifth  proposition  of  the  sixth  section  of  the  act  of  congress  before  re- 
cited, and  in  these  words,  viz  :  "  That  every  and  each  tract  of  land  sold 
by  the  United  States,  from  and  after  the  first  day  of  January  next,  shall 
remain  exempt  from  any  tax,  laid  by  order,  or  under  the  authority  of 
the  state;  whether  for  state,  county,  or  township,  or  any  other  purpose 
whatever,  for  the  term  of  five  years  from  and  after  the  day  of  sale,  and 
farther" — that  this  convention,  for  and  in  behalf  of  the  people  of  the 
state  of  Missouri,  do  hereby  ordain,  consent,  and  agree,  that  the  same  be 
so  revoked  and  repealed ;  without  which  consent  of  the  congress  as  afore- 
said, the  said  clause  to  remain  in  full  force  and  operation  as  first  above 
provided  for  in  this  ordinance :  and  this  convention  doth  hereby  request 
the  congress  of  the  United  States  so  to  modify  their  third  proposition, 
that  the  whole  amount  of  five  per  cent,  on  the  sale  of  public  lands  therein 
otFered,  may  be  applied  to  the  construction  of  roads  and  canals,  and  the 
promotion  of  education  within  this  state,  under  the  direction  of  the  le- 
gislature thereof.  And  this  convention,  for  and  in  behalf  of  the  people 
inhabiting  this  state,  and  by  the  authority  of  the  said  people,  do  further 
ordain,  agree,  and  declare,  that  this  ordinance  shall  be  irrevocable,  with- 
out the  consent  of  the  United  States. 

Done  in  convention,  at  St.  Louis,  in  the  state  of  Missouri,  this  nine- 
teenth day  of  July,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  twenty,  and  of  the  independence  of  the  United  States 
of  America  the  forty-fifth. 

By  order  of  the  convention  : 

DAVID  BARTON,  President, 

Attest,    W>i.  G.  Pettus,  Secretary. 


APPENDIX. 


DECLARATION  OF  INDEPENDENCE. 


In  Cowgkess,  July  4,  1776. 

THE  UNANIMOUS  DECLARATION  OF  THE  THIRTEEN  UNITED 
STATES  OF  AMERICA. 

When,  in  the  course  of  human  events,  it  becomes  necessary  for  one 
people  to  dissolve  the  political  bands  which  have  connected  them  with 
another,  and  to  assume,  among  the  powers  of  the  earth,  the  separate 
and  equal  station  to  which  the  laws  of  nature  and  nature's  God  en- 
title them,  a  decent  respect  to  the  opinions  of  mankind  requires,  that 
they  should  declare  the  causes  which  impel  them  to  the  separation. 

We  hold  these  truths  to  be  self-evident : — that  all  men  are  created 
equal ;  that  they  are  endowed  by  their  Creator  with  certain  unalien- 
able rights ;  that  among  these  are  life,  liberty,  and  the  pursuit  of  hap- 
piness. That  to  secure  these  rights,  governments  are  instituted 
among  men,  deriving  their  just  powers  from  the  consent  of  the  go- 
verned ;  that  whenever  any  form  of  government  becomes  destructive 
of  these  ends,  it  is  the  right  of  the  people  to  alter  or  to  abolish  it,  and 
to  institute  a  new  government,  laying  its  foundation  on  such  princi- 
ples, and  organizing  its  powers  in  such  form  as  to  them  shall  seem 
most  likely  to  effect  their  safety  and  happiness.  Prudence,  indeed, 
will  dictate,  that  governments  long  established  should  not  be  changed 
for  light  and  transient  causes;  and  accordingly  all  experience  hath 
shown,  that  mankind  are  more  disposed  to  suffer,  while  evils  are  suf- 
ferable,  than  to  right  themselves,  by  abolishing  the  forms  to  which 
they  are  accustomed.  But  when  a  long  train  of  abuses  and  usurpa- 
tions, pursuing  invariably  the  same  object,  evinces  a  design  to  reduce 
them  under  absolute  despotism,  it  is  their  right,  it  is  their  duty,  to 
throw  off  such  government,  and  to  provide  new  guards  for  their  fu- 
ture security.  Such  has  been  the  patient  sufferance  of  these  colonies, 
and  such  is  now  the  necessity  which  constrains  them  to  alter  their 
former  systems  of  government.  The  history  of  the  present  king  of 
Great  Britain  is  a  history  of  repeated  injuries  and  usurpations,  all 
having   in   direct   object  the  establishment  of  an  absolute  tyranny 

369 


370  APPENDIX. 

over  these  States.  To  prove  this,  let  facts  be  submitted  to  a  canJid 
world. 

He  has  refused  his  assent  to  laws  the  most  wholesome  and  neces- 
sary for  the  public  good. 

He  has  forbidden  his  governors  to  pass  laws  of  immediate  and 
pressing  importance,  unless  suspended  in  their  operation,  till  his  assent 
should  be  obtained  ;  and  when  so  suspended,  he  has  utterly  neglected 
to  attend  to  them.  He  has  refused  to  pass  other  laws  for  the  accom- 
modation of  large  districts  of  people,  unless  thofe  people  would  relin- 
quish the  right  of  representation  in  the  legislature — a  right  inestima- 
ble to  them,  and  formidable  to  tyrants  only. 

He  has  called  together  legislative  bodies  at  places  unusual,  uncom- 
fortable, and  distant  from  the  repository  of  their  public  records,  for 
the  sole  purpose  of  fatiguing  them  into  compliance  with  his  measures. 

He  has  dissolved  Representative  Houses  repeatedly,  for  opposing, 
with  manly  firmness,  his  invasions  on  the  rights  of  the  people. 

He  has  refused,  for  a  long  time  after  such  dissolutions,  to  cause 
others  to  be  elected  ;  whereby  the  legislative  powers,  incapable  of  an- 
nihilation, have  returned  to  the  people  at  large  for  their  exercise,  the 
State  remaining,  in  the  mean  time,  exposed  to  all  the  dangers  of  inva- 
sion from  without,  and  convulsions  within. 

He  has  endeavoured  to  prevent  the  population  of  these  States ;  for  that 
purpose  obstructing  the  laws  of  naturalization  of  foreigners ;  refusing 
to  pass  others  to  encourage  their  migration  hither,  and  raising  the 
conditions  of  new  appropriations  of  lands. 

He  has  obstructed  the  administration  of  justice,  by  refusing  his  as- 
sent to  laws  for  establishing  judiciary  powers. 

He  has  made  judges  dependent  on  his  will  alone,  for  the  tenure  of 
their  offices,  and  the  amount  and  payment  of  their  salaries. 

He  has  erected  a  multitude  of  new  offices,  and  sent  hither  swarms 
of  officers,  to  harass  our  people,  and  cat  out  their  substance. 

He  has  kept  among  us,  in  times  of  peace,  standing  armies,  without 
the  consent  of  our  legislatures. 

He  has  affected  to  render  the  military,  independent  of,  and  superior 
to,  the  civil  power. 

He  has  combined  with  others  to  subject  us  to  a  jurisdiction  foreign 
to  our  Constitution,  and  unacknowledged  by  our  laws ;  giving  his  as- 
sent to  their  acts  of  pretended  legislation  : 

For  quartering  large  bodies  of  armed  troops  among  us : 

For  protecting  them,  by  a  mock  trial,  from  punishment  for  any 
murders  which  they  should  commit  on  the  inhabitants  of  these  States* 

For  cutting  otf  our  trade  with  all  parts  of  the  world : 

For  imposing  taxes  on  us  without  our  consent : 

For  depriving  us,  in  many  cases,  of  the  benefits  of  trial  by  jury  : 

For  transporting  us  beyond  seas  to  be  tried  for  pretended  offences : 

For  abolishing  the  free  system  of  English  laws  in  a  neighbouring 
province,  establishing  therein  an  arbitrary  government,  and  enlarging 


APPENDIA.  371 

its  boundaries,  so  as  to  render  it  at  once  an  example  and  fit  instrument 
for  introducing  the  same  absolute  rule  into  these  colonies. 

For  taking  away  our  charters,  abolishing  our  most  valuable  laws, 
and  altering,  fundamentally,  the  forms  of  our  governments  : 

For  suspending  our  own  legislatures,  and  declaring  themselves  in- 
vested with  power  to  legislate  for  us  in  all  cases  whatsoever. 

He  has  abdicated  government  here,  by  declaring  us  out  of  his  pro- 
tection, and  waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  our  coasts,  burnt  our  towns,  an 
destroyed  the  lives  of  our  people. 

He  is  at  this  time  transporting  large  armies  of  foreign  mercenaricv, 
to  complete  the  works  of  death,  desolation,  and  tyranny,  already  begun 
with  circumstances  of  cruelty  and  perfidy,  scarcely  paralleled  in  the 
most  barbarous  ages,  and  totally  unworthy  the  head  of  a  civilized 
nation. 

He  has  constrained  our  fellow-citizens,  taken  caj)tive  on  the  high 
seas,  to  bear  arms  against  their  country,  to  become  the  executioners 
of  their  friends  and  brethren,  or  to  fall  themselves  by  their  hands. 

He  has  excited  domestic  insurrections  amongst  u-,  and  has  endea- 
voured to  bring  on  the  inhabitants  of  our  frontiers  the  merciless  Indian 
savages,  whose  known  rule  of  warfare  is  an  undistinguished  destruc- 
tion of  ail  ages,  sexes,  and  conditions. 

In  every  stage  of  these  oppressions  we  have  petitioned  for  redress 
in  the  most  humble  terms:  our  repeated  petitions  have  been  answered 
only  by  repeated  injury.     A  prinde,  whose  character  is  thus  marked 
by  every  act  which  may  define  a  tyrant,  is  unfit  to  be  the  ruler 
free  people. 

Nor  have  we  been  wanting  in  attentions  to  our  British  brethren. 
We  have  warned  them,  from  time  to  time,  of  attempts  by  their  legisla- 
ture to  extend  an  unwarrantable  jurisdiction  over  us.  We  have  re- 
minded them  of  the  circumstances  of  our  emigration  and  settlement 
here.  We  have  appealed  to  their  native  justice  and  magnanimity, 
and  we  have  conjured  them  by  the  ties  of  our  common  kindred  to 
disavow  these  usurpations,  which  would  inevitably  interrupt  our  con- 
nexions and  correspondence.  They  too  have  been  deaf  to  the  voice 
of  justice  and  of  consanguinity.  We  must,  therefore,  acquiesce  in  the 
necessity  which  denounces  our  separation,  and  hold  them,  as  we  hold 
the  rest  of  mankind — enemies  in  war,  in  peace  friends. 

We,  therefore,  the  representatives  of  the  United  States  of  America, 
in  General  Congress  assembled,  appeaUng  to  the  Supreme  Judge  of  the 
world,  for  the  rectitude  of  our  intentions,  do,  in  the  name  and  by  the 
authority  of  the  good  people  of  these  colonies,  solemnly  publish  and 
declare,  that  these  United  Colonies  are,  and  of  right  ought  to  be,  free 
and  independent  States ;  that  they  are  absolved  from  all  allegiance  to 
the  British  crown,  and  that  all  political  connexion  between  them  and 
the  State  of  Great  Britain  is,  and  ought  to  be,  totally  dissolved;  and 
that,  as  free  and  independent  States,  they  have  full  pow^r  to  levy  War, 
conclude  peace,  contract  alliances,  establish  commerce,  and   to  do  all 


erea 

rked  I 

of  a  \ 

iren.  -J 


372 


APPENDIX. 


other  acts  and  things  which  independent  States  may  of  right  do. 
And  4i)r  the  eupport  of  this  declaration,  with  a  firm  reliance  on  the 
protection  ol  Divine  Providence,  we  mutually  pledge  to  each  othei 
our  lives,  our  fortunes,  and  our  sacred  honour. 

JOHN  HANCOCK. 


KEW  HAMPSHIRE. 

Josiah  Bartlett. 
William  Whipple, 
Matthew  Thornton. 


James  Smith, 
George  Taylor, 
James  Wilson, 
George  Ross. 


MASSACHUSETTS  BAT. 

Samuel  Adams, 
John  Adams, 
Robert  Treat  Paine, 
Elbridge  Gerry. 

RUODE    ISLAJfD,  &C. 

Stephen  Hopkins, 
^Villiam  Ellery. 

CONNECTICUT. 

Roger  Sherman, 
Samuel  Huntingdon, 
William  Williams, 
Oliver  Wolcott. 

NEW  TO  UK. 

William  Floyd, 
l^hilip  Livingston, 
Fraucfs  Lewis, 
Lewis  Morris. 

NEW  JERSET. 

Richard  Stockton, 
John  Witherspoon, 
F;  ancis  Hopkinson, 
John  Hart, 
Abraham  Clark. 

PENNSYLVANIA. 

Robert  Morris, 
Benjamin  Rush, 
Benjamin  Franklin, 
John  Morton, 
George  Clymer, 


BELAWARB. 

Caesar  Rodney, 
George  Read, 
Thomas  M'Kean. 

MARYLAND. 

Samuel  Chase, 
William  Paca, 
Thomas  Stone, 
C.  Carroll,  of  Carrollton, 

VIRGINIA. 

George  Wythe, 
Richard  Henry  Lee, 
Thomas  Jefferson, 
Benjamin  Harrison, 
Thomas  Nelson,  Jr., 
Francis  Lightfoot  Lee, 
Carter  Braxton. 

NORTH  CAROLINA. 

William  Hooper. 
Joseph  Hewes, 
John  Penn. 

SOUTH  CAROLINA. 

Edward  Rutledge, 
Thomas  Heyward,  Jr., 
Thomas  Lynch,  Jr., 
Arthur  Middleton. 

GEOROIA. 

Burton  Gwinnet, 
Lyman  Hall, 
George  Walton. 


ARTICLES  OF  CONFEDERATION. 


In  Covgress,  July  8,  1788. 
ARTICLES  OF  CONFEDERATION  AND  PERPETUAL  UNION 

Bet-ween  the  States  ofJVew  Hampshire,  Massachusetts  Bay,  Rhode 
Island  and  Providence  Plantations,  Connecticut,  J\"eio  Yorky 
J^Teiv  Jersey,  Pejinsylvania,  Delatvare,  Maryland,  Virginiaj 
J^orth  Carolina,  South  Carolina,  and  Georgia. 

Article  1.  The  style  of  this  confederacy  shall  be,  "  The  United 
States  of  America.^'' 

Art.  2.  Each  State  retains  its  sovereignty,  freedom,  and  independ- 
ence, and  every  power,  jurisdiction,  and  right,  which  is  not  by  this 
confederation,  expressly  delegated  to  the  United  States,  in  Congress 
assembled. 

Art.  3.  The  said  States  hereby  severally  enter  into  a  firm  league 
of  friendship  with  each  other,  for  their  common  defence,  the  security 
of  their  liberties,  and  their  mutual  and  general  welfare,  binding  them- 
selves to  assist  each  other  against  all  force  offered  to,  or  attacks  made 
upon  them,  or  any  of  them,  on  account  of  reUgion,  sovereignty,  trade, 
or  any  other  pretence  whatever. 

Art.  4.  §  1.  The  better  to  secure  and  perpetuate  mutual  friendship 
and  intercourse  among  the  people  of  the  different  States  in  this  Union, 
the  free  inhabitants  of  each  of  ^these  States,  paupers,  vagabonds,  and 
fugitives  from  justice  excepted,  shall  be  entitled  to  all  privileges  and 
immunities  of  free  citizens  in  the  several  States ;  and  the  people  of 
each  State  shall  have  free  ingress  and  regress  to  and  from  any  other 
State,  and  shall  enjoy  therein  all  the  privileges  of  trade  and  commerce, 
subject  to  the  same  duties,  impositions,  and  restrictions,  as  the  inha- 
bitants thereof  respectively ;  provided  that  such  restrictions  shall  not 
extend  so  far  as  to  prevent  the  removal  of  property  imported  into  any 
State,  to  any  other  State,  of  which  the  owner  is  an  inhabitant ;  pro- 
vided also,  that  no  imposition,  duties,  or  restriction,  shall  be  laid  by 
any  State  on  the  property  of  the  United  States,  or  either  of  them. 

§  2.  If  any  person  guilty  of,  or  charged  with,  treason,  felony,  or 
other  high  misdemeanor  in  any  State,  shall  flee  from  justice,  and  be 
found  in  any  of  the  United  States,  he  shall,  upon  the  demand  of  the 
governor  or  executive  power  of  the  State  from  which  he  fled,  be  de- 
livered up,  and  removed  to  the  State  having  jurisdiction  of  his  offence. 

§  3  Full  faith  and  credit  shall  be  given,  in  each  of  these  States,  to 
2  I  873 


374  APPENDIX. 

the  records,  acte,  and  judicial  proceedings  of  the  courts  and  magistratea 
of  every  other  State. 

Art.  5.  §  1.  For  the  more  convenient  management  of  the  gener^ 
interests  of  the  United  States,  delegates  shall  be  annually  appointed 
in  such  a  manner  as  the  legislature  of  each  State  shall  direct,  to  meet 
In  Congress  on  the  first  Monday  in  November,  in  every  year,  with  a 
power  reserved  to  each  State  to  recall  its  delegates,  or  any  of  them,  at 
any  time  within  the  year,  and  to  send  others  in  their  stead,  for  the  re- 
mainder of  the  year. 

§  2.  No  State  shafl  be  represented  in  Congress  by  less  than  two^ 
nor  more  than  seven  members :  and  no  person  shall  be  capable  of 
being  a  delegate  for  more  than  three  years,  in  any  term  of  six 
years ;  nor  shall  any  person,  being  a  delegate,  be  capable  of  holding 
any  office  under  the  United  States,  for  which  he,  or  any  other  for  his 
benefit,  receives  any  salary,  fees,  or  emolument  of  any  kind. 

§  3.  Each  State  shall  maintain  its  own  delegates  in  a  meeting  of 
the  States,  and  while  they  act  as  members  of  the  committee  of  these 
States. 

§  4.  In  determining  questions  in  the  United  States  in  Congress 
assembled,  each  State  shall  have  one  vote. 

§  5.  Freedom  of  speech  and  debate  in  Congress  shall  not  be  im- 
peached or  -questioned  in  any  court  or  place  out  of  Congress,  and  the 
members  of  Congress  shall  be  protected  in  their  persons,  from  arrests 
and  imprisonments  during  the  time  of  their  going  to  and  from,  and 
attendance  on,  Congress,  except  for  treason,  felony,  or  breach  of  the 
peace. 

Art.  6.  §  1.  No  State,  without  the  consent  of  the  United  States,  in 
Congress  assembled,  shall  send  any  embassy  to,  or  receive  any  em- 
bassy from,  or-'.euter  into  any  conference,  agreement,  alliance,  or 
treaty,  with  any  kingrpMnce, -of  Siate ;  nor  shall  any  person  holding 
any  office  of  profit  or  trust  under  the  United  States,  or  any  of  them, 
accept  of  any  present,  emolument,  office,  or  title  of  any  kind  whatever, 
from  any  king,  prince,  or  foreign  State  ;  nor  shall  the  United  States, 
in  Congress  assembled,  or  any  of  them,  grant  any  title  of  nobility. 

§  2.  No  two  or  more  States  shall  enter  into  any  treaty,  confedera- 
tion, or  alliance  whatever,  between  them,  without  the  consent  of  the 
United  States,  in  Congress  assembled,  specifying  accurately  the  pur- 
poses for  which  the  same  is  to  be  entered  into,  and  how  long  it  shall 
continue. 

§  3.  No  State  shall  lay  any  imposts  or  duties  which  may  interfere 
with  any  stipulations  in  treaties,  entered  into  by  the  United  States,  in 
Congress  assembled,  with  any  king,  prince,  or  State,  in  pursuance 
of  any  treaties  already  proposed  by  Congress  to  the  courts  of  France 
and  Spain. 

§  4.  No  vessels  of  war  shall  be  kept  up  in  time  of  peace,  by  any 
State,  except  such  number  only  as  shall  be  deemed  necessary  by  the 
United  States,  in  Congress  assembled,  for  the  defence  of  such  State, 
or  its  trade :  nor  shall  any  body  of  forces  be  kept  up,  by  any  State,  in 


APPENDIX.  375 

ti<ne  ol  peace,  except  such  number  only  as,  in  the  ju3graent  of  the 
■United  States,  in  Congress  assembled,  shall  be  deemed  requisite  to 
garrison  the  forts  necessary  for  the  defence  of  such  State ;  but  every 
State  shall  always  keep  up  a  regular  and  well-disciplined  militia,  suf- 
ficiently armed  and  accoutred,  and  shall  provide  and  constantly  have 
ready  for  use,  in  public  stores,  a  due  number  of  field-pieces  and  tents, 
and  a  proper  quantity  of  arms,  ammunition,  and  camp  equipage. 

§  5.  No  State  shall  engage  in  any  war  without  the  consent  of  the 
United  States,  in  Congress  a'sembled,  unless  such  State  be  actually 
invaded  by  enemies,  or  shall  nave  received  certain  advice  of  a  resolu- 
tion being  formed  by  some  nation  of  Indians  to  invade  such  State,  and 
the  danger  is  so  imminent  as  not  to  admit  of  delay  till  the  United 
States,  in  Congress  assembled,  can  be  consulted ;  nor  shall  any  State 
grant  commissions  to  any  ships  or  vessels  of  war,  rior  letters  of  marque 
or  reprisal,  except  it  be  after  a  declaration  of  war  by  the  United  States, 
in  Congress  assembled,  and  then  only  against  a  kingdom  or  State, 
and  the  subjects  thereof,  against  which  war  has  been  so  declared,  and 
under  such  regulations  as  shall  be  established  by  the  United  States,  in 
Congress  assembled,  unless  such  State  be  infested  by  pirates,  in  which 
case  vessels  of  war  may  be  fitted  out  for  that  occasion,  and  kept  so 
long  as  the  danger  shall  continue,  or  until  the  United  States,  in  Con- 
gress assembled,  shall  determine  otherwise.  ' 

Art.  7.  When  land  forces  are  raised  by  any  State,  for  the  common 
defence,  all  officers  of,  or  under  the  rank  of  colonel,  shall  be  appointed 
by  the  legislature  of  each  State  respectively  by  whom  such  forces  shall 
be  raised,  or  in  such  manner  as  such  State  shall  direct,  and  all  vacan- 
cies shall  be  filled  up  by  the  State  which  first  made  the  appointment. 

Art.^8.  All  charges  of  war,  and  all  other  expenses  that  shall  be  in- 
curred fo«.  the  common  defence  or  general  welfare,  and  allowed  by 
the  United  States,  in  Congress  assembled,  shall  be  defrayed  out  of  a 
common  treasury,  which  shall  be  supplied  by  the  several  States,  in 
proportion  to  the  value  of  all  land  within  each  State,  granted  to,  or 
surveyed  for,  any  person,  as  such  land  and  the  buildings  and  improve- 
ments thereon  shall  be  estimated,  according  to  such  mode  as  the 
United  States,  in  Congress  assembled,  shall,  from  time  to  time,  direct 
and  appoint.  The  taxes  for  paying  that  proportion  shall  be  laid  and 
levied  by  the  authority  and  direction  of  the  legislatures  of  the  several 
States,  within  the  time  agreed  upon  by  the  United  States,  in  Congress 
assembled.  ~"^ 

Art.  9.  §  J .  The  United  States,  in  Congress  assembled,  shall  have 
the  sole  and  exclusive  right  and  power  of  determining  on  peace  and 
war,  except  in  the  cases  mentioned  in  the  sixth  Article,  of  sending 
and  receiving  ambassadors ;  entering  into  treaties  and  alliances,  pro- 
vided that  no  treaty  of  commerce  shall  be  made,  whereby  the  legislative 
power  of  the  respective  States  shall  be  restrained  from  imposing  such 
imposts  and. duties  on  foreigners,  as  their  own  people  are  subjected  to, 
or  from  prdiibiting  the  exportation  or  importation  of  any  species  of 
goods  or  commodities  whatsoever ;  of  establishing  rules  for  deciding. 


376  APPENDIX. 

in  all  cafSCTj-wlSiat  captures  on  land  or  water  shall  be  legal,  and  in  what 
manner  prizes  Taken  by  land  or  naval  forces  in  the  service  of  the 
United  States,  shall  be  divided  or  appropriated ;  of  granting  letters  of 
marque  and  reprisal  in  times  of  peace ;  appointing  courts  for  the  trial 
of  piracies  and  felonies  committed  on  the  high  seas ;  and  establishing 
courts  for  receiving  and  determining  finally  appeals  in  all  cases  of 
captures ;  provided  that  no  member  of  Congress  shall  be  'appointed  a 
judge  of  any  of  the  sai^  courts. 

§  2.  The  United  States,  in  Congress  assembled,  shall  also  be  the 
Jast  resort  on  appeal,  in  all  disputes  and  differences  now  subsisting,  or 
that  hereafter  may  arise  between  two  or  more  States  concerning  boun- 
dary, jurisdiction,  or  any  other  cause  whatever ;  which  authority  shall 
always  be  exercised  in  the  manner  following :  Whenever  the  legislative 
or  executive  authority,  or  lawful  agent  of  any  State  in  controversy 
with  another,  shall  present  a  petition  to  Congress,  stating  the  matter 
in  question,  and  praying  for  a  hearing,  notice  thereof  shall  be  given 
by  order  of  Congress;,  to  the  legislative  or  executive  authority  of  the 
other  State  in  controversy,  and  a  day  assigned  for  the  appearance  of 
the  parties  by  their  lawful  agents,  who  shall  then  be  directed  to  ap- 
point, by  joint  consent,  commissioners  or  judges  to  constitute  a  court 
for  hearing  and  determining  the  matter  in  question ;  but  if  they  can- 
not agree.  Congress  shall  name  three  persons  out  of  each  of  the  United 
States,  and  from  the  list  of  such  persons  each  party  shall  alternately 
strike  out  one,  the  petitioners  beginning,  until  the  number  shall  be 
reduced  to  thirteen ;  and  from  that  number  not  less  than  seven,  nor 
more  than  nine  names,  as  Congress  shall  direct,  shall,  in  the  presence 
of  Congress,  be  drawn  out  by  lot ;  and  the  persons  whose  names  shall 
be  so  drawn,  or  any  five  of  them,  shall  be  commissioners  or  judges,  to 
hear  and  finally  determine  the  controversy,  so  always  as  a  major  part 
of  the  judges,  who  shall  hear  the  cause,  shall  agree  in  the  determina- 
tion ;  and  if  either  party  shall  neglect  to  attend  at  the  day  appointed, 
without  showing  reasons  which  Congress  shall  judge  sufficient,  or 
being  present,  shall  refuse  to  strike,  the  Congress  shall  proceed  to  no- 
minate three  persons  out  of  each  State,  and  the  secretary  of  Congress 
shall  strike  in  behalf  of  such  party  absent  or  refusing ;  and  the  judg- 
ment and  sentence  of  the  court,  to  be  appointed  in  the  manner  before 
prescribed,  shall  be  final  and  conclusive ;  and  if  any  of  the  parties 
shall  refuse  to  submit  to  the  authority  of  such  court,  or  to  appear  or 
defend  their  claim  or  cause,  the  court  shall  nevertheless  proceed  to 
pronounce  sentence,  or  judgment,  which  shall  in  like  manner  be  final 
and  decisive ;  the  judgment  or  sentence  and  other  proceedings  being 
in  either  case  transmitted  to  Congress,  and  lodged  among  the  acts  of 
Congress,  for  the  security  of  the  parties  concerned ;  provided,  that 
every  commissioner,  before  he  sits  in  judgment,  shall  take  an  oath,  to 
be  administered  by  one  of  the  judges  of  the  supreme  or  superior  court 
of  the  State  where  the  cause  shall  be  tried,  "  well  and  truly  to  hear 
and  determine  the  matter  in  question,  according  to  the  best  of  his 
judgment,  without  favour,  affection,  or  hope  of  reward."  -  Provided, 


APPENDIX.  377 

also,  that  no  State  shall  be  deprived  of  territory  for  the  benefit  of  the 
United  States. 

§  3.  All  controversies  concerning  the  private  right  of  soil  claimed 
under  different  grants  of  two  or  more  States,  whose  jurisdiction,  as 
they  may  respect  such  lands,  and  the  States  which  passed  such  grants 
are  adjusted,  the  said  grants  or  either  of  them  being  at  the  same  time 
claimed  to  have  originated  antecedent  to  such  settlement  of  jurisdic- 
tion, shall,  on  the  petition  of  either  party  to  the  Congress  of  the 
United  States,  be  finally  determined,  as  near  as  may  be,  in  the  same 
manner  as  is  before  prescribed  for  deciding  disputes  respecting  territo- 
rial jurisdiction  between  different  States. 

§  4.  The  United  States,  in  Congress  assembled,  shall  also  have  the 
sole  and  exclusive  right  and  power  of  regulating  the  alloy  and  value 
of  coin  struck  by  their  own  authority,  or  by  that  of  the  respective 
States ;  fixing  the  standard  of  weights  and  measures  throughout  the 
United  States ;  regulating  the  trade  and  managing  all  affairs  with  the 
Indians,  not  members  of  any  of  the  States.;  provided  that  the  legisla- 
tive right  of  any  State,  within  its  own  limits,  be  not  infringed  or  vio- 
lated ;  establishing  and  regulating  post  offices  from  one  State  to  an- 
other, throughout  all  the  United  States,  and  exacting  such  postage  on 
the  papers  passing  through  the  same,  as  may  be  requisite  to  defray 
the  expenses  of  the  said  office  ;  appointing  all  officers  of  the  land  forces 
in  the  service  of  the  United  States,  excepting  regimental  officers ;  ap- 
pointing all  the  officers  of  the  naval  forces,  and  commissioning  all 
officers  whatever  in  the  service  of  the  United  States ;  making  rules 
for  the  government  and  regulation  of  the  said  land  and  naval  forces, 
and  directing  their  operations. 

§  5.  The  United  States,  in  Congress  assembled,  shall  have  autho- 
rity to  appoint  a  committee,  to  sit  in  the  recess  of  Congress,  to  be  de- 
nominated, "»4  Cojurnittce  of  the  States,"  and  to  consist  of  one  de- 
legate firom  each  State ;  and  to  appoint  such  other  committees  and 
civil  officers  as  may  be  necessary  for  managing  the  general  affairs  of 
the  United  States  under  their  direction ;  fN^ppoint  one  of  their  num- 
ber to  preside ;  provided  that  no  person  be  atlowed  to  serve  in  the 
office  of  president  more  than  one  year  in  any  term  of  three  years ;  to 
ascertain  the  necessary  sums  of  money  to  be  raised  for  the  service  of 
the  United  States,  and  to  appropriate  and  apply  the  same  for  defraying 
the  public  expenses  ;  to  boriow  money  or  emit  bills  on  the  credit  of 
the  United  States,  transmitting  ev?ry4Mkl£.j.£arto  the  respective  States 
an  account  of  the  sums  of  money  so  borrowe3""^~©«aittgd ;  to  build 
and  equip  a  navy  ;  to  agree  upon  the  number  of  land  forces,  and  to  make 
requisitions  from  each  State  for  its  quota,  in  proportion  to  the  number 
of  white  inhabitants  in  such  State,  which  requisition  shall  be  binding; 
and  thereupon  the  Legislature  of  each  State  shall  appoint  the  regi- 
mental officers,  raise  the  men,  clothe,  array  and  equip  them,  in  a  sol- 
dier-like manner,  at  the  expense  of  the  United  States ;  and  the  officers 
and  men  so  clothed,  armed,  and  equipped,  shall  march  to  the  place 
•ppointed,  and  within  the  time  agreed  on  by  the  United  States,  in 
2i2 


Z7S  APPENDIX. 

Congress  assembled ;  but  if  the  United  States,  in  Congress  assemble^ 
shall,  on  consideration  of  circumstances,  judge  proper  that  any  State 
should  not  raise  men,  or  should  raise  a  smaller  number  than  its  quota, 
and  that  any  other  State  should  raise  a  greater  number  of  men  than  the 
quota  thereof,  such  e x  tra  number  shall  be  raised,  officered,  clothed,  armed, 
and  equipped  in  the  same  manner  as  the  quota  of  such  State,  unless 
the  Legislature  of  such  State  shall  judge  that  such  extra  number  cannot 
be  safely  spared  out  of  the  same,  in  which  case  they  shall  raise,  officer, 
clothe,  arm,  and  equip,  as  many  of  such  extra  number  as  they  judge 
can  be  safely  spared,  and  the  officers  and  men  so  clothed,  armed,  and 
equipped,  shall  march  to  the  place  appointed,  and  within  the  time 
agreed  on  by  the  United  States  in  Congress  assembled. 

§  6.  The  United  States,  in  Coj^gress  assembled,  shall  never  engage 
in  a  war,  nor  grant  letters  of  marque  and  reprisal  in  time  of  peace,  nor 
enter  into  any  treaties  or  alliances,  nor  coin  money,  nor  regulate 
the  value  thereof,  nor  ascertain  the  sums  and  expenses  necessary  for 
the  defence  and  welfare  of  the  United  States,  or  any  of  them,  nor  emit 
bills,  nor  borrow  money  on  the  credit  of  the  United  States,  nor  appro- 
priate money,  nor  agree  upon  the  number  of  vessels  of  war  to  be  built 
or  purchased,  or  the  number  of  land  or  sea  forces  to  be  raised,  nor  ap- 
point a  commander-in-chief  of  the  army  or  navy,  unless  nine  States 
assent  to  the  same,  nor  shall  a  question  on  any  other  point,  except  for 
adjourning  from  day  to  day,  be  determined,  unless  by  the  votes  of  a 
majority  of  the  United  States  in  Congress  assembled. 

§  7.  The  Congress  of  the  United  States  shall  have  power  toadjoum 
to  any  time  within  the  year,  and  to  any  place  within  the  United  States, 
so  that  no  period  of  adjournment  be  for  a  longer  duration  than  the  space 
of  six  months,  and  shall  publish  the  journal  of  their  proceedings  monthly, 
except  such  parts  thereof  relating  to  treaties,  alliances,  or  military  opera- 
tions, as  in  their  judgment  require  secrecy  ;  and  the  yeas  and  nays  of  the 
delegates  of  each  State,  on  any  question,  shall  be  entered  on  the  jour- 
nal, when  it  is  desired  by  any  delegate ;  and  the  delegates  of  a  State, 
or  any  of  them,  at  his  or  their  request,  shall  be  furnished  with  a  tran- 
script of  the  said  journal,  except  such  part§  as  are  above  excepted,  to 
lay  before  the  legislatures  of  the  several  States*. 

Art.  10.  The  committee  of  the  States,  or  any  nine  of  them,  shall  be 
authorized  to  execute,  in  the  recess  of  Congress,  such  of  the  powers 
of  Congress  as  the  United  States,  in  Congress  assembled,  by  the  con- 
sent of  nine  States,  shall,  from  time  to  time,  think  expedient  to  ves* 
them  with ;  provided  that  no  power  be  delegated  to  the  said  committee, 
for  the  exercise  of  which,  by  the  articles  of  confederation,  the  voice  of  nine 
States,  in  the  Congress  of  the  United  States  assembled,  is  requisite. 

Art.  11.  Canada  acceding  to  this  confederation,  and  joining  in  the 
measures  of  the  United  States,  shall  be  admitted  into,  and  entitled  to 
all  the  advantages  of  this  Union :  but  no  other  colony  shall  be  admit- 
ted into  the  same,  unless  such  admission  be  agreed  to  by  nine  States. 
'  Art.  12.  All  bills  of  credit  emitted,  moneys  borrowed,  and  debts  con 
tracted  by  or  under  the  authority  of  Congress,  before  the  assembling 


APPENDIX.  379 

of  the  United  States,  in  pursuance  of  the  present  confederation,  shall 
be  deemed  and  considered  as  a  charge  against  the  United  States,  for 
payment  and  satisfaction  whereof  the  said  United  States  and  the  pub* 
lie  faith  are  hereby  solemnly  pledged. 

Art.  13.  Every  State  shall  abide  by  the  determination  of  the  United 
States,  hi  Congress  assembled,  in  all  questions  which  by  this  confe- 
deration are  submitted  to  them.  And  the  articles  of  this  confedera- 
tion shall  be  inviolably  observed  by  every  State,  and  the  Union  shall 
be  perpetual ;  nor  shall  any  alteration  at  any  time  hereafter  be  made 
in  any  of  them,  unless  such  alteration  be  agreed  to  in  a  Congress  of 
the  United  States,  and  be  afterwards  confirmed  by  the  legislature  of 
every  State. 

And  whereas  it  hath  pleased  the  great  Governor  of  the  world  to  in- 
cline the  hearts  of  the  legislatures  we  respectively  represent  in  Con- 
gress, to  approve  of,  and  to  authorize  us  to  ratify  the  said  articles  of 
confederation  and  perpetual  Union,  Know  ye,  that  we,  the  under- 
signed delegates,  by  virtue  of  the  power  and  authority  to  us  given  for 
that  purpose,  do,  by  these  presents,  in  the  name  and  in  behalf  of  our 
respective  constituents,  fully  and  entirely  ratify  and  confirm  each  and 
every  of  the  said  articles  of  confederation  and  perpetual  union,  and  all 
and  singular  the  matters  and  things  therein  contained.  And  we  do 
further  solemnly  plight  and  engage  the  faith  of  our  respective  constitu- 
ents, that  they  shall  abide  by  the  determination  of  the  United  States,  in 
Congress  assembled,  in  all  questions  which  by  the  said  confederation 
are  submitted  to  them  ;  and  that  the  articles  thereof  shall  be  inviolably 
observed  by  the  States  we  respectively  represent,  and  that  the  Union 
shall  be  perpetual.  In  witness  whereof,  we  have  hereunto  set  our 
hands,  in  Congress. 

Done  at  Philadelphia,  in  the  State  of  Pennsylvania,  the  9th  day 
of  July,  in  the  year  of  our  Lord  1778,  and  in  the  third  year  of  the 
Jndependejice  of  America. 

NEW  HAM?SU1RE.  CONNECTICUT. 

Josiah  Bartlett,  Roger  Sherman, 

John  Wentworth,  Jr.  Samuel  Huntingdon, 

OUver  Wolcott, 
MASSACHUSETTS  BAT.  Titus  Hosmer, 

John  Hancock,  Andrew  Adams. 

Samuel  Adams, 

Elbridge  Gerry,  new  tork. 

Francis  Dana,  Jas.  Duane, 

James  Lovel,  Fra.  Lewis, 

Samuel  Holten,  Wm.  Duer, 

Gouv,  Morris. 

RHOBE    ISLANn,  <ScC. 

William  Ellery,  new  jebset* 

Henry  Marchant,  Jno.  Witherspoon, 

John  Collins.  Nath.  Scudder. 


380  APPENDIX. 

PEJTNSTLVANiA.  Jno.  Harvie, 

Robert  Morris,  Francis  Lightfoot  Lee. 
Daniel  Roberdeau, 

Jona.  Bayard  Smith,  north  CAiiOLnrA* 

William  Clingan,  John  Penn, 

Joseph  Reed.  Cons.  Harnett, 

Jno.  Williams. 

DELAWARE. 

Thos.  M'Kean,  south  carolika* 

John  Dickinson,  Henry  Laurens, 

Nicholas  Van  Dyke.  William  Henry  Drayton, 

Jno.  Matthews, 

MARXLAWD,  Richard  Hutson, 

John  Hanson,  Thomas  Heyward,  Jr. 
Daniel  Carroll. 

6E0RQIA. 

VIRGINIA.  Jno.  Walton, 

Richard  Henry  Lee,  Edwd.  Telfair, 

John  Bannister,  Bdwd.  Langworthy* 
Thomas  Adams, 


MICHIGAN.  381 


CONSTITUTION  OF  MICHIGAN. 


The  Constitution  of  the  State  of  Michigan,  as  adopted  in  convention, 
begun  and  held  at  the  capital,  in  the  city  of  Detroit,  on  Monday,  the 
11th  day  of  May,  A.  D.  1835. 

Ijf  Convention,  begun  at  the  city  of  Detroit,  on  the  second  Monday 
of  May,  in  the  year  one  thousand  eight  hundred  and  thirty -five  : 

We,  the  people  of  the  Territory  of  Michigan,  as  established  by  the  act 
of  Congress  of  the  eleventh  of  January  eighteen  hundred  and  five,  in 
conformity  to  the  fifth  article  of  the  ordinance  providing  for  the  govern- 
ment of  the  territory  of  the  United  States  north-west  of  the  river  Ohio, 
believing  that  the  time  has  arrived  when  our  present  political  condition 
ought  to  cease,  and  the  right  of  self-government  be  asserted ;  and 
availing  ourselves  of  that  provision  of  the  aforesaid  ordinance  of  the  Con- 
gress of  the  United  States  of  the  thirteenth  day  of  July,  seventeen  hun- 
dred and  eighty-seven,  and  the  acts  of  Congress  passed  in  accordance 
therewith,  which  entitled  us  to  admission  into  the  Union,  upon  a  condi- 
tion which  has  been  fulfilled,  do,  by  our  delegates  in  convention  assem- 
bled, mutually  agree  to  form  ourselves  into  a  free  and  independent  state, 
by  the  style  and  title  of  "  The  State  of  Michigan,"  and  do  ordain  and 
establish  the  following  constitution  for  the  government  of  the  same : 

ARTICLE   1. 

§  1.  All  political  power  is  inherent  in  the  people. 

2.  Government  is  instituted  for  the  protection,  security,  and  benefit  of 
the  people ;  and  they  have  the  right  at  ali  times  to  alter  or  reform  the 
same,  and  to  abolish  one  form  of  government  and  establish  another,, 
whenever  the  public  good  requires  it. 

3.  No  man  or  set  of  men  are  entitled  to  exclusive  or  separate  privi- 
leges. 

4.  Every  person  has  a  right  to  worship  Almighty  God  according  to 
the  dictates  of  his  own  conscience ;  and  no  person  can  of  right  be  com- 
pelled to  attend,  erect,  or  support,  against  his  will,  any  place  of  religious 
worship,  or  pay  any  tithes,  taxes,  or  other  rates  for  the  support  of  any 
minister  of  the  gospel  or  teacher  of  religion. 

.5.  No  money  shall  be  drawn  from  the  treasury  for  the  benefit  of  reli- 
gious societies,  or  theological  or  religious  seminaries. 

6.  The  civil  and  political  rights,  privileges,  and  capacities  of  no  indi- 
vidual shall  be  diminished  or  enlarged  on  account  of  his  opinions  or 
belief  concerning  matters  of  religion. 

7.  Every  person  may  freely  speak,  write,  and  publish  his  sentiments 
on  all  subjects,  being  responsible  for  the  abuse  of  that  right ;  and  no  laws 
shall  be  passed  to  restrain  or  abridge  the  liberty  of  speech  or  of  the  press. 
In  all  prosecutions  or  indictments  for  libels,  the  truth  may  be  given  in 
evidence  to  the  jury ;  and  if  it  shall  appear  to  the  jury,  that  the  matter 
charged  as  libellous  is  true,  and  was  published  with  good  motives  and 


382  CONSTITUTION   OF 

for  justifiable  ends,  the  party  shall  be  acquitted  ;  and  the  jury  shall  have 
the  right  to  determine  the  law  and  the  fact. 

8.  The  person,  houses,  papers,  and  possessions  of  every  individual 
shall  be  secure  from  unreasonable  searches  and  seizures ;  and  no  warrant 
to  search  any  place,  or  to  seize  any  person  or  things,  shall  issue  without 
describing  them,  nor  without  probable  cause,  supported  by  oath  or 
affirmation. 

9.  The  right  of  trial  by  jury  shall  remain  inviolate. 

10.  In  all  criminal  prosecutions,  the  accused  shall  have  the  right  to  a 
speedy  and  public  trial  by  an  impartial  jury  of  the  vicinage  ;  to  be  con- 
fronted with  the  witnesses  against  him  ;  to  have  compulsory  process  for 
obtaining  witnesses  in  his  favour ;  to  have  the  assistance  of  counsel  for 
his  defence ;  and  in  all  civil  cases,  in  which  personal  liberty  may  be  in- 
volved, the  trial  by  jury  shall  not  be  refused. 

1 1 .  No  person  shall  be  held  to  answer  for  a  criminal  offence,  unless 
on  the  presentment  or  indictment  of  a  grand  jury,  except  in  cases  of 
impeachment,  or  in  cases  cognisable  by  justices  of  the  peace,  or  arising 
in  the  army  or  militia  when  in  actual  service  in  time  of  war  or  public 
danger. 

12.  No  person  for  the  same  offence  shall  be  twice  put  in  jeopardy  of 
punishment ;  all  persons  shall,  before  conviction,  be  bailable  by  sufficient 
sureties,  except  for  capital  offences,  when  the  proof  is  evident  or  the  pre- 
sumption great ;  and  the  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended,  unless  when,  in  case  of  rebellion  or  invasion,  the  public 
safety  may  require  it. 

13.  Every  person  has  a  right  to  bear  arms  for  the  defence  of  himself 
and  the  state. 

1 4.  The  military  shall,  in  all  cases  and  at  all  times,  be  in  strict  subor- 
dination to  the  civil  power. 

15.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house  with- 
out the  consent  of  the  owner,  nor  in  time  of  war,  but  in  a  manner  pre- 
scribed by  law. 

16.  Treason  against  the  state  shall  consist  only  in  levying  war  against 
it,  or  in  adhering  to  its  enemies,  giving  them  aid  and  comfort;  no  person 
shall  be  convicted  of  treason,  unless  on  the  testimony  of  two  witnesses 
to  the  same  overt  act,  or  on  confession  in  open  court. 

1 7.  No  bill  of  attainder,  ex  post  facto  law,  or  law  impairing  the  obliga- 
tion of  contracts,  shall  be  passed. 

18.  Excessive  bail  shall  not  be  required;  excessive  fines  shall  not  be 
imposed ;  and  cruel  and  unjust  punishments  shall  not  be  inflicted. 

19.  The  property  of  no  person  shall  be  taken  for  public  use,  without 
just  compensation  therefor. 

20.  The  people  shall  have  the  right  freely  to  assemble  together,  to 
consult  for  the  common  good,  to  instruct  their  representatives,  and  to 
petition  the  legislature  for  redress  of  grievances. 

21.  All  acts  of  the  legislature,  contrary  to  this  or  any  other  article  of 
this  constitution,  shall  be  void. 

ARTICLE  2. 

Electors. 
§  1 .  In  all  elections,  every  white  male  citizen  above  the  age  of  twenty 
one  years,  having  resided  in  the  state  six  months  next  preceding  any 


MICHIGAN.  383 

election,  shall  be  entitled  to  vote  at  such  election ;  and  every  white  male 
inhabitant  of  the  age  aforesaid,  who  may  be  a  resident  of  the  state  at  the 
time  of  the  signing  of  this  constitution,  shall  have  the  right  of  voting  as 
aforesaid ;  but  no  such  citizen  or  inhabitant  shall  be  entitled  to  vote  ex- 
cept in  the  district,  county,  or  township,  in  which  he  shall  actually  reside 
dt  the  time  of  such  election. 

2.  All  votes  shall  be  given  by  ballot,  except  for  such  township  officers 
as  may,  by  law,  be  directed  to  be  otherwise  chosen. 

3.  Electors  shall,  in  all  cases  except  treason,  felony,  or  breach  of  the 
peace,  be  privileged  from  arrest  during  their  attendance  at  elections,  and 
m  going  to  and  returning  from  the  same. 

4.  No  elector  shall  be  obliged  to  do  militia  duty  on  the  days  of  elec- 
tion, except  in  time  of  war  or  public  danger. 

5.  No  person  shall  be  deemed  to  have  lost  his  residence  in  this  state 
by  reason  of  his  absence  on  business  of  the  United  States,  or  of  this 
state. 

6.  No  soldier,  seaman,  or  marine,  in  the  army  or  navy  of  the  United 
States,  shall  be  deemed  a  resident  of  this  state  in  consequence  of  being 
stationed  in  any  military  or  naval  place  within  the  same. 

ARTICLE  3. 

Division  of  the  Powers  of  Government. 
§  1.  The  powers  of  the  government  shall  be  divided  into  three  distinct 
departments ;  the  legislative,  the  executive,  and  the  judicial ;  and  one 
department  shall  never  exercise  the  powers  of  another,  except  in  such 
cases  as  are  expressly  provided  for  in  this  constitution. 

ARTICLE    4. 

Legislative  Department. 
§  1.  The  legislative  power  shall  be  vested  in  a  senate  and  house  of 
representatives. 

2.  The  number  of  the  members  of  the  house  of  representatives  shall 
never  be  less  than  forty-eight,  nor  more  than  one  hundred :  and  the 
senate  shall,  at  all  times,  equal  in  number  one-third  of  the  house  of  repre- 
sentatives, as  nearly  as  may  be. 

3.  The  legislature  shall  provide  by  law  for  an  enumeration  of  the 
inhabitants  of  this  state  in  the  years  eighteen  hundred  and  thirty-seven, 
and  eighteen  hundred  and  forty-five,  and  every  ten  years  after  the  said 
last  mentioned  time ;  and  at  their  first  session  after  each  enumeration  so 
made  as  aforesaid,  and  also  after  each  enumeration  made  by  the  authority 
of  the  United  States,  the  legislature  shall  apportion  anew  the  representa- 
tives and  senators  among  the  several  counties  and  district,  according  to 
the  number  of  white  inhabitants. 

4.  The  representatives  shall  be  chosen  annually  on  the  first  Monday 
of  November,  and  on  the  following  day,  by  the  electors  of  the  several 
counties  or  districts  into  which  the  state  shall  be  divided  for  that  purpose. 
Each  organized  county  shall  be  entitled  to  at  least  one  representative ; 
but  no  county  hereafter  organized  shall  be  entitled  to  a  separate  repre- 
sentative, until  it  shall  have  attained  a  population  equal  to  the  ratio  of 
representation  hereafter  established. 

5    The  senators  shall  be  chosen  for  two  years,  at  the  same  time  and 


384  CONSTITUTION   OF 

in  the  same  manner  as  the  representatives  are  required  to  be  chosen.  At 
the  first  session  of  the  legislature  under  this  constitution,  they  shall  be 
divided  by  lot  from  their  respective  districts,  as  nearly  as  may  be,  into 
two  equal  classes;  the  seats  of  the  senators  of  the  first  class  shall  be  va- 
cated at  the  expiration  of  the  first  year,  and  of  the  second  class  at  the 
expiration  of  the  second  year ;  so  that  one-half  thereof,  as  nearly  as  may 
be,  shall  be  chosen  annually  thereafter. 

6.  The  state  shall  be  divided,  at  each  new  apportionment,  into  a  num- 
ber of  not  less  than  four,  nor  more  than  eight,  senatorial  districts,  to  be 
always  composed  of  contiguous  territory,  so,  that  each  district  shall  elect 
an  equal  number  of  senators  annually,  as  nearly  as  may  be ;  and  no 
county  shall  be  divided  in  the  formation  of  such  districts. 

7.  Senators  and  representatives  shall  be  citizens  of  the  United  States, 
and  be  qualified  electors  in  the  respective  counties  and  districts  which 
they  represent ;  and  a  removal  from  their  respective  counties  or  districts 
shall  be  deemed  a  vacation  of  their  seats. 

8.  No  person  holding  any  office  under  the  United  States,  or  of  this 
state,  officers  of  the  militia,  justices  of  the  peace,  associate  judges  of  the 
circuit  and  county  courts,  and  postmasters  excepted,  shall  be  eligible  to 
either  house  of  the  legislature. 

9.  Senators  and  representatives  shall,  in  all  cases  except  treason, 
felony,  or  breach  of  the  peace,  be  privileged  from  arrest,  nor  shall  they 
be  subject  to  any  civil  process,  during  the  session  of  the  legislature,  nor 
for  fifteen  days  next  before  the  commencement  and  after  the  termination 
of  each  session. 

10.  A  majority  of  each  house  shall  constitute  a  quorum  to  do  business ; 
but  a  smaller  number  may  adjourn  from  day  to  day,  and  may  compel 
the  attendance  of  absent  members,  in  such  manner  and  under  such  pe- 
nalties as  each  house  may  provide.  Each  house  shall  choose  its  own 
officers. 

11.  Each  house  shall  determine  the  rules  of  its  proceedings,  and  judge 
of  the  qualifications,  elections,  and  returns  of  its  own  members  ;  and  may, 
with  the  concurrence  of  two-thirds  of  all  the  members  elected,  expel  a 
member ;  but  no  member  shall  be  expelled  a  second  time  for  the  same 
cause,  nor  for  any  cause  known  to  his  constituents  antecedent  to  his 
election. 

12.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  publish 
the  same,  except  such  parts  as  may  require  secrecy ;  and  the  yeas  and 
nays  of  the  members  of  either  house,  on  any  question,  shall,  at  the  re- 
quest of  one-fifth  of  the  members  present,  be  entered  on  the  journal. 
Any  member  of  either  house  shall  have  liberty  to  dissent  from  and  pro- 
test against  any  act  or  resolution  which  he  may  think  injurious  to  the 
public  or  an  individual,  and  have  the  reasons  of  his  dissent  entered  on 
the  journal. 

13.  In  all  elections  by  either  or  both  houses,  the  votes  shall  be  given 
viva  voce ;  and  all  votes  on  nominations  made  to  the  senate  shall  be 
taken  by  yeas  and  nays,  and  published  with  the  journals  of  its  proceed- 
ings. 

14.  The  doors  of  each  house  shall  be  open,  except  when  the  public 
welfare  shall  require  secrecy ;  neither  house  shall,  without  the  consent 
of  the  other,  adjourn  for  more  than  three  days,  nor  to  any  other  place 
than  that  where  the  legislature  may  then  be  in  session. 


MICHIGAN.  385 

15    Any  bill  may  originate  in  either  house  of  the  legislature. 

16.  Every  bill  passed  by  the  legislature  shall,  before  it  becomes  a  law, 
t)e  presented  to  the  governor  ;  if  he  approve,  he  shall  sign  it ;  but  if  not, 
he  shall  return  it,  with  his  objections,  to  that  house  in  which  it  originated, 
who  shall  enter  the  objections  at  large  upon  their  journal,  and  proceed 
to  reconsider  it.  If,  after  such  reconsideration,  two-thirds  of  all  the  mem- 
bers present  agree  to  pass  the  bill,  it  shall  be  sent,  with  the  objections, 
to  the  other  house,  by  whom  it  shall  likewise  be  reconsidered ;  and  if 
approved  also  by  two-thirds  of  all  the  members  present  in  that  house,  it 
shall  become  a  law ;  but  in  such  cases,  the  votes  of  both  houses  shall  be 
determined  by  yeas  and  .nays,  and  the  names  of  the  members  voting  for 
or  against  the  bill  shall  be  entered  on  the  journals  of  each  house  respect- 
ively. And  if  any  bill  be  not  returned  by  the  governor  within  ten  days, 
Sundays  excepted,  after  it  has  been  presented  to  him,  the  same  shall  be- 
come a  law,  in  like  manner  as  if  he  had  signed  it,  unless  the  legislature, 
by  their  adjournment,  prevent  its  return,  in  which  case  it  shall  not  be- 
come a  law. 

17.  Every  resolution  to  which  the  concurrence  of  the  senate  and 
house  of  representatives  may  be  necessary,  except  in  cases  of  adjourn- 
ment, shall  be  presented  to  the  governor,  and,  before  the  same  shall  take 
effect,  shall  be  proceeded  upon  in  the  same  manner  as  in  the  case  of  a 
bill. 

18.  The  members  of  the  legislature  shall  receive,  for  their  services,  a 
compensation  to  be  ascertained  by  law,  and  paid  out  of  the  public  trea- 
sury ;  but  no  increase  of  the  compensation  shall  take  effect  during  the 
term  for  which  the  members  of  either  house  shall  have  been  elected  ;  and 
such  compensation  shall  never  exceed  three  dollars  a  day. 

19.  No  member  of  the  legislature  shall  receive  any  civil  appointment 
from  the  governor  and  senate,  or  from  the  legislature,  during  the  term 
for  which  he  is  elected. 

20.  The  governor  shall  issue  writs  of  election  to  fill  such  vacancies  as 
may  occur  in  the  senate  and  house  of  representatives. 

21.  The  legislature  shall  meet  on  the  first  Monday  in  January  in 
every  year,  and  at  no  other  period,  unless  otherwise  directed  by  law,  oi 
provided  for  in  this  constitution. 

22.  The  style  of  the  laws  of  this  state  shall  be — Be  it  enaded  by  the 
Senate  and  House  of  Representatives  of  the  State  of  Michigan. 

ARTICLE  5. 

Executive  Department. 

§  1.  The  supreme  executive  power  shall  be  vested  in  a  governor,  who 
shall  hold  his  office  for  two  years ;  and  a  lieutenant-governor  shall  be 
chosen  at  the  same  time  and  for  the  same  term. 

2.  No  person  shall  be  eligible  to  the  office  of  governor  or  lieutenant- 
governor,  who  shall  not  have  been  five  years  a  citizen  of  the  United 
States,  and  a  resident  of  this  state  two  years  next  preceding  the  election. 

3.  The  governor  and  lieutenant-governor  shall  be  elected  by  the  elect- 
ors at  the  times  and  places  of  choosing  members  of  the  legislature.  The 
persons  having  the  highest  number  of  votes  for  governor  and  lieutenant 
governor  shall  be  elected ;  but  in  case  two  or  more  have  an  equal  and 
the  highest  number  of  votes  for  governor  or  lieutenant-governor,  the 

2  K 


386  CONSTITUTION   OF 

legislature  shall  by  joint  vote  choose  one  of  the  said  persons,  so  having 
an  equal  and  the  highest  number  of  votes,  for  governor  or  lieutenant- 
governor. 

4.  The  returns  of  every  election  for  governor  and  lieutenant-governor 
shall  be  sealed  up  and  transmitted  to  the  seat  of  government,  by  the 
returning  officers,  directed  to  the  president  of  the  senate,  who  shall  open 
and  publish  them  in  the  presence  of  the  members  of  both  houses. 

5.  The  governor  shall  be  commander-in-chief  of  the  militia,  and  of  the 
army  and  navy  of  this  state. 

6.  He  shall  transact  all  executive  business  with  the  officers  of  govern- 
ment, civil  and  military  ;  and  may  require  information,  in  writing,  from 
the  officers  in  the  executive  department,  upon  any  subject  relating  to  the 
duties  of  their  respective  offices. 

7.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

8.  He  shall  have  power  to  convene  the  legislature  on  extraordinary 
occasions.  He  shall  communicate  by  message  to  the  legislature,  at 
every  session,  the  condition  of  the  state,  and  recommend  such  matters  to 
them  as  he  shall  deem  expedient. 

9.  He  shall  have  power  to  adjourn  the  legislature  to  such  time  as  he 
may  think  proper,  in  case  of  a  disagreement  between  the  two  houses 
with  respect  to  the  time  of  adjournment,  but  not  to  a  period  beyond  the 
next  annual  meeting. 

10.  He  may  direct  the  legislature  to  meet  at  some  other  place  than 
the  seat  of  government,  if  that  shall  become,  after  its  adjournment,  dan- 
gerous from  a  common  enemy  or  a  contagious  disease. 

11.  He  shall  have  power  to  grant  reprieves  and  pardons  after  con  vie 
tion,  except  in  cases  of  impeachment. 

12.  When  any  office,  the  appointment  to  which  is  vested  in  the  go- 
vernor and  senate,  or  in  the  legislature,  becomes  vacant  during  the  recess 
of  tbe  legislature,  the  governor  shall  have  power  to  fdl  such  vacancy  by 
granting  a  commission,  which  shall  expire  at  the  end  of  the  succeeding 
session  of  the  legislature. 

13.  In  case  of  the  impeachment  of  the  governor,  his  removal  from 
office,  death,  resignation,  or  absence  from  the  state,  the  powers  and 
duties  of  the  office  shall  devolve  upon  the  lieutenant-governor  until  such 
disability  shall  cease,  or  the  vacancy  be  filled. 

14.  If,  during  the  vacancy  of  the  office  of  governor,  the  lieutenant- 
governor  shall  be  impeached,  displaced,  resign,  die,  or  be  absent  from  the 
state,  the  president  of  the  senate,  pro  tempore,  shall  act  as  governor, 
until  the  vacancy  be  filled. 

15.  The  lieutenant-governor  shall,  by  virtue  of  his  office,  be  presi- 
dent of  the  senate  ;  in  committee  of  the  whole,  he  may  debate  on  all 
questions ;  and,  when  there  is  an  equal  division,  he  shall  give  the  cast- 
ing vote. 

16.  No  member  of  congress,  nor  any  other  person  holding  office 
under  the  United  States,  or  this  state,  shall  execute  the  office  of  governor. 

17.  Whenever  the  office  of  governor  or  lieutenant-governor  becomes 
vacant,  the  person  exercising  the  powers  of  governor  for  the  time  being 
shall  give  notice  thereof,  and  the  electors  shall,  at  the  next  succeeding 
annual  election  for  members  of  the  legislature,  choose  a  person  to  fill 
such  vacancy. 

18.  The  governor  shall,  at  stated  times,  receive  for  his  services   a 


MICHIGAN.  387 

compensation,  which  shall  neither  be  increased  nor  diminished  during 
the  term  for  which  he  has  been  elected. 

19.  The  lieutenant-governor,  except  when  acting  as  governor,  and 
the  president  of  the  senate,  pro  tempore,  shall  each  receive  the  same 
compensation  as  shall  be  allowed  to  the  speaker  of  the  house  of  repre- 
sentatives. 

20.  A  great  seal  for  the  state  shall  be  provided  by  the  governor,  which 
shall  contain  the  device  and  inscriptions  represented  and  described  in  the 
papers  relating  thereto,  signed  by  the  president  of  the  convention,  and 
deposited  in  the  otRce  of  the  secretary  of  the  territory.  It  shall  be  kept 
by  the  secretary  of  state ;  and  all  oflicial  acts  of  the  governor,  his  appro- 
bation of  the  laws  excepted,  shall  be  thereby  authenticated. 

21.  All  grants  and  commissions  shall  be  in  the  name,  and  by  the 
authority,  of  the  people  of  the  state  of  Michigan. 

ARTICLE    6. 

Judicial  Department. 
§  1.  The  judicial  power  shall  be  vested  in  one  supreme  court,  and  in 
such  other  courts  as  the  legislature  may  from  time  to  time  establish. 

2.  The  judges  of  the  supreme  court  shall  hold  their  offices  for  the  term 
of  seven  years ;  they  shall  be  nominated,  and  by  and  with  the  advice 
and  consent  of  the  senate,  appointed  by  the  governor.  They  shall  re- 
ceive an  adequate  compensation,  which  shall  not  be  diminished  during 
their  continuance  in  office.  But  they  shall  receive  no  fees  nor  perquisites 
of  office,  nor  hold  any  other  office  of  profit  or  trust  under  the  authority 
of  this  state,  or  of  the  United  States. 

3.  A  court  of  probate  shall  be  established  in  each  of  the  organized 
counties. 

4.  Judges  of  all  county  courts,  associate  judges  of  circuit  courts,  and 
judges  of  probate  shall  be  elected  by  the  qualified  electors  of  the  county 
in  which  they  reside,  and  shall  hold  their  offices  for  four  years. 

6.  The  supreme  court  shall  appoint  their  clerk  or  clerks  ;  and  the  elect- 
ors of  each  county  shall  elect  a  clerk,  to  be  denominated  a  county  clerk, 
who  shall  hold  his  office  for  the  term  of  two  years,  and  shall  perform  the 
duties  of  clerk  to  all  the  courts  of  record  to  be  held  in  each  county,  ex- 
cept the  supreme  court  and  court  of  probate. 

6.  Each  township  may  elect  four  justices  of  the  peace,  who  shall  hold 
their  offices  for  four  years ;  and  whose  powers  and  duties  shall  be  defined 
and  regulated  by  law.  At  their  first  election  they  shall  be  classed  and 
divided  by  lot  into  numbers  one,  two,  three,  and  four,  to  be  determined 
in  such  manner  as  shall  be  prescribed  by  law,  so  that  one  justice  shall 
be  aimually  elected  in  each  township  thereafter.  A  removal  of  any  jus- 
tice from  the  township  in  which  he  was  elected  shall  vacate  his  office. 
In  all  incorporated  towns,  or  cities,  it  shall  be  competent  for  the  legisla- 
ture to  increase  the  number  of  justices. 

7.  The  style  of  all  process  shall  be  "  In  the  name  of  the  people  of  the 
state  of  Michigan  ;^^  and  all  indictments  shall  conclude  against  the  peace 
and  dignity  of  the  same. 

ARTICLE    7. 

Certain  State  and  County  Officers. 
%  1.  There  shall  be  a  secretary  of  state,  who  shall  hold  his  office  for 
two  years,  and  who  shall  be  appointed  by  the  governor,  by  and  with  the 


388  CONSTITUTION    OF 

advice  and  consent  of  the  senate.  He  shall  keep  a  fair  record  of  the 
official  acts  of  the  legislative  and  executive  departments  of  the  govern- 
ment ;  and  shall,  when  required,  lay  the  same,  and  all  matters  relative 
thereto,  before  either  branch  of  the  legislature ;  and  shall  perform  such 
other  duties  as  shall  be  assigned  him  by  law. 

2.  A  state  treasurer  shall  be  appointed  by  a  joint  vote  of  the  two 
houses  of  the  legislature,  and  shall  hold  his  office  for  the  term  of  two 
years. 

3.  There  shall  be  an  auditor-general  and  an  attorney-general  for  the 
state,  and  a  prosecuting  attorney  for  each  of  the  respective  counties,  who 
shall  hold  their  offices  for  two  years,  and  who  shall  be  appointed  by  the 
governor,  by  and  with  the  advice  and  consent  of  the  senate,  and 
whose  powers  and  duties  shall  be  prescribed  by  law. 

4.  There  shall  be  a  sheriff,  a  county  treasurer,  and  one  or  more  coro- 
ners, a  register  of  deeds,  and  a  county  surveyor,  chosen  by  the  electors 
in  each  of  the  several  counties  once  in  every  two  years,  and  as  often  as 
vacancies  shall  happen.  The  sheriff  shall  hold  no  other  office,  and  shall 
not  be  capable  of  holding  the  office  of  sheriff'  longer  than  four  in  any 
term  of  six  years :  he  may  be  required  by  law  to  renew  his  security 
from  time  to  time,  and  in  default  of  giving  such  security,  his  office  shall 
be  deemed  vacant ;  but  the  county  shall  never  be  made  responsible  for 
the  acts  of  the  sheriff. 

ARTICXE    8. 

Impeachments  and  Renwvab  from  Office. 
§  1.  The  house  of  representatives  shall  have  the  sole  power  of  im- 
peaching all  civil  officers  of  the  state  for  corrupt  conduct  in  office,  or  for 
crimes  and  misdemeanours ;  but  a  majority  of  all  the  members  elected 
shall  be  necessary  to  direct  an  impeachment. 

2.  All  impeachments  shall  be  tried  by  the  senate.  When  the  governor 
or  lieutenant-governor  shall  be  tried,  the  chief  justice  of  the  supreme 
court  shall  preside.  Before  the  trial  of  an  impeachment,  the  members  of 
the  court  shall  take  an  oath  or  affirmation  truly  and  impartially  to  try 
and  determine  the  charge  in  question  according  to  the  evidence  ;  and  no 
person  shall  be  convicted  without  the  concurrence  of  two-thirds  of  the 
members  present.  Judgment,  in  cases  of  impeachment,  shall  not  extend 
further  than  to  removal  from  office  ;  but  the  party  convicted  shall  be  lia- 
ble to  indictment  and  punishment  according  to  law. 

3.  For  any  reasonable  cause,  which  shall  not  be  sufficient  ground  for 
the  impeachment  of  the  judges  of  any  of  the  courts,  the  governor  shall 
remove  any  of  them  on  the  address  of  two-thirds  of  each  branch  of  the 
legislature ;  but  the  cause  or  causes  for  which  such  removal  may  be 
required  shall  be  stated  at  length  in  the  address. 

4.  The  legislature  shall  provide  by  law  for  the  removal  of  justices  of 
the  peace,  and  other  county  and  township  officers,  in  such  manner  and 
for  such  cause  as  to  them  shall  seem  just  and  proper. 

AUTICrE  9. 

Militia. 
%  1.  The  legislature  shall  provide  by  law  for  organizing  and  disciplin- 
ing the  militia,  in  such  manner  as  they  shall  deem  expedient,  not  incom- 
patible with  the  constitution  and  laws  of  the  United  States. 


MICHIGAN.  389 

2.  The  legislature  shall  provide  for  the  efficient  discipline  of  the  offi- 
cers, commissioned  and  non-commissioned,  and  musicians,  and  may  pro- 
vide by  law  for  the  organization  and  discipline  of  volunteer  companies. 

3.  Officers  of  the  militia  shall  be  elected  or  appointed  in  such  manner 
as  the  legislature  shall  from  time  to  time  direct,  and  shall  be  commissioned 
by  the  governor. 

4.  The  governor  shall  have  power  to  call  forth  the  militia,  to  execute 
the  laws  of  the  state,  to  suppress  insurrections,  and  repel  invasions. 

ARTICLE  10. 

Education. 

§  1.  The  governor  shall  nominate,  and  by  and  with  the  advice  and 
consent  of  the  legislature  in  joint  vote,  shall  appoint  a  superintendent  of 
public  instruction,  who  shall  hold  his  office  for  two  years,  and  whose 
duties  shall  be  prescribed  by  law. 

2.  The  legislature  shall  encourage,  by  all  suitable  means,  the  promo- 
tion of  intellectual,  scientifical,  and  agricultural  improvement.  The  pro- 
ceeds of  all  lands  that  have  been  or  hereafter  may  be  granted  by  the 
United  States  to  this  state,  for  the  support  of  schools,  which  shall  here- 
after be  sold  or  disposed  of,  shall  be  and  remain  a  perpetual  fund  ;  the 
interest  of  which,  together  with  the  rents  of  all  such  unsold  lands,  shall 
be  inviolably  appropriated  to  the  support  of  schools  throughout  the  state. 

3.  The  legislature  shall  provide  for  a  system  of  common  schools,  by 
which  a  school  shall  be  kept  up  and  supported  in  each  school  district,  at 
least  three  months  in  every  year  ;  and  any  school  district  neglecting  to 
keep  up  and  support  such  a  school,  may  be  deprived  of  its  equal  propor- 
tion of  the  interest  of  the  public  fund. 

4.  As  soon  as  the  circumstances  of  the  state  will  permit,  the  legislature 
shall  provide  for  the  establishment  of  libraries ;  one  at  least  in  each 
township;  and  the  money  which  shall  be  paid- by  persons  as  an  equiva- 
lent for  exemption  from  military  duty,  and  the  clear  proceeds  of  all  fines 
assessed  in  the  several  counties  for  any  breach  of  the  penal  laws,  shall  be 
exclusively  applied  to  the  support  of  said  libraries. 

5.  The  legislature  shall  take  measures  for  the  protection,  improvement, 
or  other  disposition  of  such  lands  as  have  been  or  may  hereafter  be  re- 
served or  granted  by  the  United  States  to  this  state  for  the  support  of  a 
university  ;  and  the  funds  accruing  from  the  rents  or  sale  of  such  lands, 
or  from  any  other  source  for  the  purpose  aforesaid,  shall  be  and  remain  a 
permanent  fund  for  the  support  of  said  university,  with  such  branches  as 
the  public  convenience  may  hereafter  demand  for  the  promotion  of  lite- 
rature, the  arts  and  sciences,  and  as  may  be  authorized  by  the  terms  of 
such  grant.  And  it  shall  be  the  duty  of  the.  legislature,  as  soon  as  may 
be,  to  provide  effectual  means  for  the  improvement  and  permanent  secu- 
rity of  the  funds  of  said  university. 

ARTICLE  11. 

Prohibition  of  Slavery. 

§  1.  Neither  slavery  nor  involuntary  servitude  shall  ever  be  introducea 
into  this  state,  except  for  the  punishment  of  crimes  of  which  the  party 
shall  have  been  duly  convicted. 

2  K  2 


390  CONSTITUTION   OF 

AKTICLE   12. 

Msccllaneous  Provisions. 
§  1.  Members  of  the  legislature,  and  all  officers,  executive  and  judicial, 
except  such  inferior  officers  as  may  by  law  be  exempted,  shall,  before 
they  enter  on  the  duties  of  their  respective  offices,  take  and  subscribe  the 
following  oath  or  affirmation :  "  I  do  solemnly  swear,  or  affirai,  (as  the 
case  may  be,)  that  I  will  support  the  constitution  of  the  United  States, 
and  the  constitution  of  this  state,  and  that  I  will  faithfully  discharge  the 
duties  of  the  office  of  according  to  the  best  of  my  ability."     And 

no  other  oath,  declaration,  or  test,  shall  be  required   as  a  quahfication 
for  any  office  or  public  trust. 

2.  The  legislature  shall  pass  no  act  of  incorporation,  unless  with  the 
assent  of  at  least  two-thirds  of  each  house. 

3.  Internal  improvement  shall  be  encouraged  by  the  government  of 
this  state  ;  and  it  shall  be  the  duty  of  the  legislature,  as  soon  as  may  be, 
to  make  provision  by  law  for  ascertaining  the  proper  objects  of  improve- 
ment in  relation  to  roads,  canals,  and  navigable  waters ;  and  it  shall  also 
be  their  duty  to  provide  by  law  for  an  equal,  systematic,  and  economical 
application  of  the  funds  which  may  be  appropriated  to  these  objects. 

4.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence  of 
appropriations  made  by  law ;  and  an  accurate  statement  of  the  receipts 
and  expenditures  of  the  public  money  shall  be  attached  to  and  published 
with  the  laws  annually. 

5.  Divorces  shall  not  be  granted  by  the  legislature  ;  but  the  legislature 
may  by  law  authorize  the  higher  courts  to  grant  them,  under  such  restric- 
tions as  they  may  deem  expedient. 

6.  No  lottery  shall  be  authorized  by  this  state,  nor  shall  the  sale  of 
lottery  tickets  be  allowed. 

7.  No  county  now  organized  by  law  shall  ever  be  reduced,  by  the 
organization  of  new  counties,  to  less  than  four  hundred  square  miles. 

8.  The  governor,  secretary  of  state,  treasurer,  and  auditor-general 
shall  keep  their  offices  at  the  scat  of  government. 

9.  The  seat  of  government  for  this  state  shall  be  at  Detroit,  or  at  such 
other  place  or  places  as  may  be  prescribed  by  law,  until  the  year  eighteen 
hundred  and  forty-seven,  when  it  shall  be  permanently  located  by  the 
legislature. 

10.  The  first  governor  and  lieutenant-governor  shall  hold  their  offices 
until  the  first  Monday  of  January  eighteen  hundred  and  thirty-eight,  and 
until  others  shall  be  elected  and  qualified  ;  and  thereafter,  they  shall  hold 
their  offices  for  two  years,  and  until  their  successors  shall  be  elected  and 
qualified. 

11.  When  a  vacancy  shall  happen,  occasioned  by  the  death,  resigna- 
tion, or  removal  from  office  of  any  person  holding  office  under  this  state, 
the  successor  thereto  shall  hold  his  office  for  the  period  which  his  prede- 
cessor had  to  serve,  and  no  longer,  unless  again  chosen  or  reappointed. 

AnTlCLE  13. 

Mode  of  amendirig  and  revising  the  Constitution. 
§  1.  Any  amendment  or  amendments  to  this  constitution  may  be  pro- 
posed in  the  senate  or  house  of  representatives ;  and  if  the  same  shall  be 
agreed  to  by  a  majority  of  the  members  elected  to  each  of  the  two  houses, 
such  proposed  amendment  or  amendments  shall  be  entered  on  their  jour- 


MICHIGAN.  391 

nals,  with  the  yeas  and  nays  taken  thereon,  and  referred  to  the  legislature 
then  next  to  be  chosen  ;  and  shall  be  published  for  three  months  previous 
to  the  time  of  making  such  choice.  And  if  in  the  legislature  next  chosen 
as  aforesaid,  such  proposed  amendment  or  amendments  shall  be  agreed 
to  by  two-thirds  of  all  the  members  elected  to  each  house,  then  it  shall 
be  the  duty  of  the  legislature  to  submit  such  proposed  amendment  or 
amendments  to  the  people,  in  such  manner  and  at  such  time  as  the  legis- 
lature shall  prescribe ;  aud  if  the  people  shall  approve  and  ratify  such 
amendment  or  amendments,  by  a  majority  of  the  electors  qualified  to  vote 
for  members  of  the  legislature,  voting  thereon,  such  amendment  or 
amendments  shall  become  part  of  the  constitution. 

2.  And  if  at  any  time  two-thirds  of  the  senate  and  house  of  represent- 
atives shall  think  it  necessary  to  revise  or  change  this  entire  constitution, 
they  shall  recommend  to  the  electors,  at  the  next  election  for  members 
of  the  legislature,  to  vote  for  or  against  a  convention  ;  and  if  it  shall 
appear  that  a  majority  of  the  electors  voting  at  such  election  have  voted 
in  favour  of  calling  a  convention,  the  legislature  shall  at  its  next  session 
provide  by  law  for  calling  a  convention  to  be  holden  within  six  months 
after  the  passage  of  such  law ;  and  such  convention  shall  consist  of  a 
number  of  members  not  less  tlian  that  of  both  branches  of  the  legislature. 


SCHEDULE. 

§  1.  That  no  inconvenience  may  arise  from  a  change  of  the  territorial 
governmen*  to  a  permanent  state  government,  it  is  declared  that  all  writs, 
actions,  prosecutions,  contracts,  claims,  and  rights,  of  individuals  and  of 
bodies  corporate,  shall  continue  as  if  no  change  had  taken  place  in  this 
government;  and  all  process  which  may,  before  the  organization  of  the 
judicial  department  under  this  constitution,  be  issued  under  the  authority 
of  the  territory  of  Michigan,  shall  be  as  valid  as  if  issued  in  the  name  of 
the  state. 

2.  All  laws  now  in  force  in  the  territory  of  Michigan,  which  are  not 
repugnant  to  this  constitution,  shall  remain  in  force  until  they  expire  by 
their  own  limitations,  or  be  altered  or  repealed  by  the  legislature. 

3.  All  fines,  penalties,  forfeitures,  and  escheats,  accruing  to  the  terri- 
tory of  Michigan,  shall  accrue  to  the  use  of  the  state. 

4.  All  recognisances  heretofore  taken,  or  which  may  be  taken  before 
the  organization  of  the  judicial  department  under  this  constitution,  shall 
remain  valid,  and  shall  pass  over  to,  and  may  be  prosecuted  in  the  name 
of,  the  state.  And  all  bonds  executed  to  the  governor  of  this  territory, 
or  to  any  other  officer  in  his  official  capacity,  shall  pass  over  to  the  go- 
vernor or  other  proper  state  authority,  and  to  their  successors  in  office, 
for  the  uses  therein  respectively  expressed,  and  may  be  sued  for  and 
recovered  accordingly.  All  criminal  prosecutions  and  penal  actions, 
which  have  arisen,  or  which  may  arise  before  the  organization  of  the 
judirial  department  under  this  constitution,  and  which  shall  then  be  de- 
pending, may  be  prosecuted  to  judgment  and  execution  in  the  name  of 
the  state. 

5.  All  officers,  civil  and  military,  now  holding  their  offices  and  ap- 
pointments in  this  territory  under  the  authority  of  the  United  States,  or 
under  the  authority  of  tiiis  territory,  shall  continue  to  hold  and  exercise 


392  CONSTITUTIOIS    OF 

their  respective  offices  and  appointments  until  superseded  under  this 
constitution. 

6.  The  first  election  for  governor,  lieutenant-governor,  members  of  the 
state  legislature,  and  a  representative  in  the  congress  of  the  United  States, 
shall  be  held  on  the  first  Monday  in  October  next,  and  on  the  succeeding 
day.  And  the  president  of  the  convention  shall  issue  writs  to  the  she- 
riffs of  the  several  counties  or  districts,  or  in  case  of  vacancy,  to  the 
coroners,  requiring  them  to  cause  such  election  to  be  held  on  the  days 
aforesaid,  in  their  respective  counties  or  districts.  The  election  shall  be 
conducted  in  the  manner  prescribed,  and  by  the  tov^'nship  officers  desig- 
nated as  inspectors  of  elections,  and  the  returns  made  as  required,  by  the 
existing  laws  of  the  territory,  or  by  this  constitution  :  Provided,  however, 
that  the  returns  of  the  several  townships  in  the  district  composed  of  the 
unorganized  counties  of  Ottawa,  Ionia,  Kent,  and  Clinton,  shall  be  made 
to  tfie  clerk  of  the  township  of  Kent  in  said  district,  and  the  said  town- 
ship clerk  shall  perform  the  same  duties,  as,  by  the  existing  laws  of  the 
territory,  devolve  upon  the  clerks  of  the  several  counties  in  similar  cases. 

7.  The  first  meeting  of  the  legislature  shall  be  at  the  city  of  Detroit, 
on  the  first  Monday  in  November  next,  with  power  to  adjourn  to  any 
other  place. 

8.  All  county  and  township  officers  shall  continue  to  hold  their  re- 
spective offices,  unless  removed  by  the  competent  authority,  until  the  legis- 
lature shall,  in  conformity  to  the  provisions  of  this  constitution,  provide 
for  the  holding  of  elections  to  fill  such  offices  respectively. 

9.  This  constitution  shall  be  submitted,  at  the  election  to  be  held  on 
the  fir?t  Monday  in  October  next,  and  on  the  succeeding  day,  for  ratifica- 
tion or  rejection,  to  the  electors  qualified  by  this  constitution  to  vote  'it 
all  elections;  and  if  the  same  be  ratified  by  the  said  electors,  the  same 
shall  become  the  constitution  of  the  state  of  Michigan,  At  the  election 
aforesaid,  on  such  of  the  ballots  as  are  for  the  said  constitution,  shall  be 
written  or  printed  the  word  "  yes,"  and  on  those  which  are  against  the 
ratification  of  said  constitution,  the  word  "  no."  And  the  returns  of  the 
votes  on  the  question  of  ratification  or  rejection  of  said  constitution,  shall 
be  made  to  the  president  of  this  convention  at  any  time  before  the  first 
Monday  in  November  next,  and  a  digest  of  the  same  communicated  by 
him  to  the  senate  and  house  of  representatives  on  that  day. 

10.  And  if  this  constitution  shall  be  ratified  by  the  people  of  Michi- 
gan, the  president  of  this  convention  shall,  immediately  after  the  same 
shall  be  ascertained,  cause  a  fair  copy  thereof,  together  with  an  authenti- 
cated copy  of  the  act  of  the  legislative  council,  entitled,  "  An  act  to  enable 
the  people  of  Michigan  to  form  a  constitution  and  state  government," 
approved  January  26,  1835,  providing  for  the  calling  of  this  convention, 
and  also  a  copy  of  so  much  of  the  last  census  of  this  territory  as  exhibits 
the  number  of  the  free  inhabitants  of  that  part  thereof  which  is  comprised 
within  the  limits  in  said  constitution  defined  as  the  boundaries  of  the 
proposed  state  of  Michigan,  to  be  forwarded  to  the  president  of  the 
United  States,  together  with  an  expression  of  the  decided  opinion  of  this 
convention,  that  the  number  of  the  free  inhabitants  of  said  proposed  state 
now  exceeds  the  number  requisite  to  constitute  two  congressional  dis- 
tricts, and  the  respectful  request  of  this  convention,  in  behalf  of  the  peo- 
ple of  Michigan,  that  all  said  matters  may  be  by  him  laid  before  the 
congress  of  the  United  States  at  their  next  session. 


MICHIGAN.  3S3 

1 1.  In  case  of  the  failure  of  the  president  of  this  convention  to  perform 
the  duties  prescribed  by  this  constitution,  by  reason  of  his  absence,  death, 
or  from  any  other  cause,  said  duties  shall  be  performed  by  the  secretaries 
of  this  convention. 

12.  Until  the  first  enumeration  shall  be  made  as  directed  by  this  con- 
stitution, the  county  of  Wayne  shall  be  entitled  to  eight  representatives ; 
the  county  of  Monroe  to  four  representatives ;  the  county  of  Washtenaw 
to  seven  representatives ;  the  county  of  St.  Clair  to  one  representative  ; 
the  county  of  St.  Joseph  to  two  representatives ;  the  county  of  Berrien 
to  one  representative  ;  the  county  of  Calhoun  to  one  representative  ;  the 
county  of  Jackson  to  one  representative ;  the  county  of  Cass  to  two 
representatives ;  the  county  of  Oakland  to  six  representatives ;  the 
county  of  Macomb  to  three  representatives ;  the  county  of  Lenawee  to 
four  representatives;  the  county  of  Kalamazoo,  and  the  unorganized 
counties  of  Allegan  and  Barry,  to  two  representatives ;  the  county  of 
Branch  to  one  representative ;  the  county  of  Hillsdale  to  one  representa- 
tive ;  the  county  of  Lapeer  to  one  representative  ;  the  county  of  Saginaw, 
and  the  unorganized  counties  of  Genesee  and  Shiawasse,  to  one  repre- 
sentative ;  the  county  of  Michilimackinac  to  one  representative ;  the 
county  of  Chippewa  to  one  representative ;  and  the  unorganized  counties 
of  Ottawa,  Kent,  Ionia,  and  Clinton,  to  one  representative. 

And  for  the  election  of  senators  the  state  shall  be  divided  into  five  dis- 
tricts, and  the  apportionment  shall  be  as  follows:  The  county  of  Wayne 
shall  compose  the  first  district,  and  elect  three  senators ;  the  counties  of 
Monroe  and  Lenawee  shall  compose  the  second  district,  and  elect  three 
senators ;  the  counties  of  Hillsdale,  Branch,  St.  Joseph,  Cass,  Berrien, 
Kalamazoo,  and  Calhoun  shall  compose  the  third  district,  and  elect  three 
senators ;  the  counties  of  Washtenaw  and  Jackson  shall  compose  the 
fourth  district,  and  elect  three  senators ;  and  the  counties  of  Oakland, 
Lapeer,  Saginaw,  Macomb,  St.  Clair,  Michilimackinac,  and  Chippewa 
shall  compose  the  fifth  district,  and  elect  four  senators. 

Any  country  attached  to  any  county  for  judicial  purposes,  if  not  other- 
wise represented,  shall  be  considered  as  forming  part  of  such  county,  so 
far  as  regards  elections  for  the  purpose  of  representation  in  the  legislature. 

JOHN  BIDDLE,  President. 

John  Norvell,  Orin  Howe, 

John  M'Donell,  Emanuel  Case, 

John  R.  Williams,  E.  Mundy, 

Alpheus  White,  Orrin  White, 

Amos  Stevens,  Isaac  Voorheis, 

Conrad  Ten  Eyck,  Randolph  Manning, 

Lewis  Beaufait,  Seneca  Newberry, 

Peter  Van  Every,  Joshua  B.  Taylor, 

J.  D.  Davis,  Elijah  Cook, 

Caleb  Herrington,  Ebenezere  Raynal, 

Ammon  Brown,  John  Ellenwood, 

Theophilus  E.  Tallman,  Jeremiah  Riggs, 

George  W.  Ferrington,  Benjamin  B.  Morris, 

Asa  H.  Otis,  William  Patrick, 

Ch.  F.  Irwin,  Jonathan  Chase, 

Wm.  Woodbridge,  Samuel  White, 

Edward  D.  Ellis,  Thomas  Curtis, 


394 


CONSTITUTION   OF 


James  J.  Godfrey, 
Peter  P.  Ferry, 
Robert  McClelland, 
David  White, 
EUphalet  Clark, 
Samuel  Ingersoll, 
Lemuel  Colbath, 
J.  V.  D.  Sutphen, 
Ross  Wilkins, 
Selleck  C.  Boughton, 
Allen  Hutchins, 
John  J.  Adam, 
Joseph  Howell,  Jr. 
Joseph  H.  Patterson, 
Darius  Comstock, 
Alexander  R.  Tiffany, 
Gilbert  Shattuck, 
Abel  Godard, 
William  Moore, 
Robert  Purdy, 
John  Brewer, 
Alpheus  Collins, 
M.  P.  Stubbs, 
Richard  B rower, 
Rufus  Grossman, 
Nathaniel  Noble, 
Russell  Briggs, 


Norman  Davison, 
Samuel  Axford, 
Ephraim  Calkin, 
Jacob  Tucker, 
John  S.  Axford, 
Henry  Porter, 
Solomon  Porter, 
John  Clarke, 
Ralph  Wad  hams, 
Townsend  E.  Gidley, 
Roswell  B.  Rexford, 
Lewis  T.  Miller, 
Isaac  E.  Crary, 
Ezra  Convis, 
Lucius  Lyon, 
William  H.  Welch, 
Hezekiah  G.  Wells, 
James  Newton, 
James  Odell, 
Baldwin  Jenkins, 
John  S.  Barry, 
Hubbell  lioomis, 
Martin  G.  Shellhouse, 
Titus  B.  Willard, 
Elijah  Lacy, 
Michael  Dousman, 
Bela  Chapman. 


ORDINANCE. 

Be  it  ordained  by  the  convention  assembled  to  form  a  constitution  for  the 
state  of  Michigan,  in  behalf,  and  by  authority  of  the  people  of  said 
state,  thai  the  following  propositions  be  submitted  to  the  congress  of 
the  United  States,  which,  if  assented  to  by  that  body,  shall  be  obliga- 
tory on  this  state. 

1st.  Section  numbered  sixteen  in  every  surveyed  township  of  the  pub- 
lic lands,  and  where  such  section  has  been  sold  or  otherwise  disposed  of, 
other  lands  equivalent  thereto,  and  as  contiguous  as  may  be,  shall  be 
granted  to  the  state  for  the  use  of  schools. 

2d.  The  seventy -two  sections  of  land  set  apart  and  reserved  for  the  use 
and  support  of  a  university,  by  an  act  of  congress  approved  on  the  twen- 
tieth day  of  May,  eighteen  hundred  and  twenty-six,  entitled  "  An  act 
concerning  a  seminary  of  learning  in  the  territory  of  Michigan,"  shall, 
together  with  such  further  quantities  as  may  be  agreed  upon  by  congress, 
be  conveyed  to  the  state,  and  shall  be  appropriated  solely  to  the  use  and 
support  of  such  university,  in  such  manner  as  the  legislature  may  pre- 
scribe. 

3d.  Four  entire  sections  of  land,  to  be  selected  under  the  direction  of 
the  legislature,  from  any  of  the  unappropriated  lands  belonging  to  the 
United  States,  shall  be  granted  to  the  state  for  its  use  in  establishing  a 
seat  of  government. 


ARKANSAS.  395 

4th.  Seven  hundred  sections  of  the  unappropriated  public  lands  lying 
within  this  state,  shall  be  designated,  under  the  direction  of  the  legisla- 
ture, and  granted  to  the  state  for  the  purposes  of  internal  improvement 
Said  lands,  or  the  proceeds  of  the  sale  thereof,  shall  be  appropriated  to 
aid  the  state  in  constructing  one  or  more  railroads  or  canals  across  the 
peninsula,  from  Lake  Erie  or  Detroit  River  to  liake  Michigan,  and  also 
to  aid  in  the  construction  of  such  other  roads  and  canals,  and  in  the 
improvement  of  such  rivers,  as  the  legislature  may  designate.  And  five 
per  cent,  of  the  nett  proceeds  of  the  sale  of  all  lands  lying  within  the 
territory  or  state,  which  shall  be  sold  by  congress  from  and  after  the  first 
day  of  January,  eighteen  hundred  and  thirty-six,  after  deducting  all  ex- 
penses incident  to  the  same,  shall  also  be  appropriated,  two-fifths  thereof 
for  the  purposes  before  described  in  this  proposition,  and  three-fifths  for 
the  encouragement  of  learning. 

5th.  AH  salt  springs  within  the  state,  and  the'  lands  reserved  for  the 
use  of  the  same,  at  least  one  section  including  each  spring,  shall  be 
granted  to  the  state,  to  be  used  or  disposed  of  as  the  legislature  may 
direct. 

6th.  The  roads  commenced  in  this  state,  for  the  construction  of  which 
appropriations  have  been  made  by  congress,  shall  be  completed  and  put 
in  repair  at  the  expense  of  the  United  States. 

7th.  The  first  senators  and  representative  or  representatives  elected  to 
congress  from  this  state,  are  hereby  authorized  and  empowered  to  make 
or  assent  to  such  other  propositions,  or  to  such  variations  of  the  proposi- 
tions herein  made,  as  the  interests  of  the  state  may  require ;  and  any 
such  changes  or  new  propositions,  when  approved  by  the  legislature,  shall 
be  as  obligatory  as  if  the  assent  of  this  convention  were  given  t+iereto ; 
and  all  stipulations  entered  into  by  the  legislature  in  pursuance  of  the 
authority  herein  conferred,  shall  be  considered  articles  of  compact  between 
the  United  States  and  this  state;  and  the  legislature  is  hereby  further 
authorized  to  declare,  in  behalf  of  the  people  of  Michigan,  if  such  decla- 
ration be  proposed  by  congress,  that  they  will  never  interfere  with  the 
primary  disposal,  under  the  authority  of  the  United  States,  of  the  vacant 
lands  within  the  limits  of  this  state. 

JOHN  BIDDLE,  President. 
Chakles  W.  Whipple,  >  ^       .     . 
Marshal  J.  Bacox,       '  i^^^retanes. 


CONSTITUTION  OF  ARKANSAS. 


We,  the  people  of  the  territory  of  Arkansas,  by  our  representatives, 
in  convention  assembled,  at  Little  Rock,  on  Monday,  the  4th  of  January, 
A.  D.  1836,  and  of  the  independence  of  the  United  States  the  sixtieth 
year,  having  the  right  of  admission  into  the  union  as  one  of  the  United 
States  of  America,  consistent  with  the  federal  constitution,  and  by  virtue 
of  the  treaty  of  cession,  by  France  to  the  United  States,  of  the  province 
of  Louisiana,  in  order  to  secure  to  ourselves  and  our  posterity  the  enjoy- 


396  CONSTITUTION  OF 

mcnt  of  all  the  rights  of  life,  liberty,  and  property,  and  the  free  pursuit 
of  happiness,  do  mutually  agree  with  each  other  to  form  ourselves  into  a 
free  and  independent  state,  by  the  name  and  style  of  "  The  state  of 
Arkansas,"  and  do  ordain  an<l  establish  the  following  constitution  for 
the  government  thereof; 

ATITICLE     1. 

Of  Boundaries. 
We  do  declare  and  establish,  ratify  and  confirm,  the  following  as  the 
permanent  boundaries  of  said  state  of  Arkansas,  that  is  to  say  ;  Begin- 
ning in  the  main  channel  of  the  Mississippi  river,  on  the  parallel  of 
thirty-six  degrees  north  latitude ;  running  from  thence  west,  vvith  the 
said  parallel  of  latitude,  to  the  St.  Francis  river ;  thence  up  the  middle 
of  the  main  channel  of  said  river  to  the  parallel  of  thirty-six  degrees 
thirty  minutes  north ;  from  thence  west,  to  the  south-west  corner  of  the 
state  of  Missouri ;  and  thence  to  be  bounded  on  the  west,  to  the  north 
bank  of  Red  river,  as  by  acts  of  congress  and  treaties  heretofore  defining 
the  western  limits  of  the  territory  of  Arkansas;  and  to  be  bounded  on 
the  south  side  of  Red  river  by  the  Mexican  boundary  line,  to  the  north- 
west corner  of  the  state  of  Louisiana ;  thence  east,  with  the^  Louisiana 
state  line,  to  the  middle  of  the  main  channel  of  the  Mississippi  river ; 
thence  up  the  middle  of  the  main  channel  of  said  river  to  the  thirty-sixth 
degree  of  north  latitude,  the  point  of  beginning. 

ARTICLE    2. 

Declaration  of  Rights. 

That  the  great  and  essential  principles  of  liberty  and  free  government 
may  be  recognised  and  unalterably  established,  we  dkclaiie  : 

4  1.  That  all  freemen,  when  they  form  a  social  compact,  are  equal, 
and  have  certain  inherent  and  indefeasible  rights,  among  which  are  those 
of  enjoying  and  defending  life  and  liberty  ;  of  acquiring,  possessing,  and 
protecting  property  and  reputation  ;  and  of  pursuing  their  own  happi- 
ness. 

2.  That  all  power  is  inherent  in  the  people ;  and  all  free  governments 
are  founded  on  their  authority,  and  instituted  for  their  peace,  safety,  and 
happiness.  For  the  advancement  of  these  ends,  they  have,  at  all  tiraes, 
an  unqualified  right  to  alter,  reform,  or  abohsh  their  government,  in  such 
manner  as  they  may  think  proper. 

3.  l^hat  all  men  have  a  natural  and  indefeasible  right  to  worship  Al- 
mighty God  according  to  the  dictates  of  their  own  consciences ;  and 
no  man  can  of  right  be  compelled  to  attend,  erect,  or  support  any  place 
of  worship,  or  to  maintain  any  ministry,  against  his  consent.  That  no 
human  authority  can,  in  any  case  whatever,  interfere  with  the  rights 
of  conscience ;  and  that  no  preference  shall  ever  be  given  to  any  religious 
establishment  or  mode  of  worship. 

4.  That  the  civil  rights,  privileges,  or  capacities  of  any  citizen  shall  in 
nowise  be  diminished  or  enlarged,  ^on  account  of  his  religion. 

5.  That  all  elections  shall  be  free  and  equal. 

6.  That  the  right  of  trial  by  jury  shall  remain  inviolate. 

7.  That  printing  presses  shall  be  free  to  every  person  ;  and  no  lav 
shall  ever  be  made  to  restrain  the  rights  thereof.  The  free  communica 
tion  of  thoughts  and  opinions  is  one  of  the  invaluable  rights  of  man 


ARKANSAS.  397 

%nd  every  citizen  may  freely  speak,  write,  and  print,  on  any  subject- 
being  responsible  for  the  abuse  of  that  liberty. 

8.  In  prosecutions  for  the  publication  of  papers  investigating  the  offi- 
cial conduct  of  officers  or  men  in  public  capacity,  or  where  the  mattei 
published  is  proper  for  public  information,  the  truth  thereof  may  be  given 
in  evidence ;  and  in  all  indictments  for  libels,  the  jury  may  have  the 
right  to  determine  the  law  and  the  facts. 

9.  That  the  people  shall  be  secure  in  their  persons,  houses,  papers, 
and  possessions,  from  unreasonable  searches  and  seizures;  and  that  ge- 
neral warrants,  whereby  any  officer  may  be  commanded  to  search  sus- 
pected places,  without  evidence  of  the  fact  committed,  or  to  seize  any 
person  or  persons  not  named,  whose  offences  are  not  particularly  de- 
scribed, and  supported  by  evidence,  are  dangerous  to  liberty,  and  shall 
not  be  granted. 

10.  That  no  freeman  shall  be  taken  or  imprisoned,  or  disseised  of  his 
freehold,  liberties,  or  privileges,  or  outlawed,  or  exiled,  or  in  any  manner 
destroyed  or  deprived  of  his  life,  liberty,  or  property,  but  by  the  judgment 
of  his  peers,  or  the  law  of  the  land. 

11.  That  in  all  criminal  prosecutions,  the  accused  hath  a  right  to  be 
heard,  by  himself  and  counsel ;  to  demand  the  nature  and  cause  of  the 
accusation  against  him,  and  to  have  a  copy  thereof;  to  meet  the  wit- 
nesses face  to  face  ;  to  have  compulsory  process  for  obtaining  witnesses 
in  his  favour;  and,  in  prosecutions  by  indictment  or  presentment,  a 
speedy  public  trial,  by  an  impartial  jury  of  the  county  or  district  in 
which  the  crime  shall  have  been  committed  ;  and  shall  not  be  compelled 
to  give  evidence  against  himself. 

12.  That  no  person  shall,  for  the  same  offence,  be  twice  put  in  jeopardy 
of  life  or  limb. 

13.  That  all  penalties  shall  be  reasonable,  and  proportioned  to  the 
nature  of  the  offence. 

14.  That  no  man  shall  be  put  to  answer  any  criminal  charge,  but  by 
presentment,  indictment,  or  impeachment. 

15.  That  no  conviction  shall  work  corruption  of  blood,  or  forfeiture  of 
estate. 

16.  That  all  prisoners  shall  be  bailable  by  sufficient  securities,  unless 
in  capital  offences,  where  the  proof  is  evident,  or  the  presumption  great ; 
and  the  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless  where,  in  case  of  rebellion  or  invasion,  the  pubhc  safety  may 
require  it. 

17.  That  excessive  bail  shall  in  no  case  be  required,  nor  excessive 
fines  imposed. 

18.  That  no  ex  post  facto  law,  nor  any  law  impairing  the  obligation 
of  contracts,  shall  ever  be  made. 

19.  That  perpetuities  and  monopolies  are  contrary  to  the  genius  of  a 
republic,  and  shall  not  be  allowed ;  nor  shall  any  hereditary  emoluments, 
privileges,  or  honours  ever  be  granted  or  conferred  in  this  state. 

20.  That  the  citizens  have  a  right,  in  a  peaceable  manner,  to  assemble 
together  for  their  common  good,  to  instruct  their  representatives,  and 
apply  to  those  invested  with  the  power  of  government  for  redress  of 
grievances,  or  other  proper  purposes,  by  address  or  remonstrance. 

21.  That  the  free  white  men  of  this  state  shall  have  a  right  to  keep 
and  to  l)ear  arms  for  their  common  defence. 

2L 


398  CONSTITUTION  OF 

22.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in  any  hotwe- 
without  the  consent  of  the  owner ;  nor,  in  time  of  war,  but  in  a  manner 
prescribed  by  law. 

23.  The  military  shall  be  kept  in  strict  subordination  to  the  civil 
power. 

24.  This  enumeration  of  rights  shall  not  be  construed  to  deny  or  dis- 
parage others  retained  by  the  people ;  and,  to  guard  against  any  encroach- 
ments on  the  rights  herein  retained,  or  any  transgression  of  any  of  the 
higher  powers  herein  delegated,  we  declare,  that  every  thing  in  this  arti- 
cle is  excepted  out  of  the  general  powers  of  government,  and  shall  for 
ever  remain  inviolate ;  and  that  all  laws  contrary  thereto,  or  to  the  other 
provisions  herein  contained,  shall  be  void. 

ARTICtK    3. 

§  1.  The  powers  of  the  government  of  the  state  of  Arkansas  shall  be 
divided  into  three  distinct  departments,  each  of  them  to  be  confided  to  a 
separate  body  of  magistracy,  to  wit ;  those  which  are  legislative,  to  one ; 
those  which  are  executive,  to  another ;  and  those  which  are  judicial,  to 
another. 

2.  No  person,  or  collection  of  persons,  being  of  one  of  these  depart- 
ments, shall  exercise  any  power  properly  belonging  to  either  of  the 
others ;  except  in  the  instances  herein  after  expressly  directed  or  per- 
mitted. 

ARTICLE    4. 

Legislative  Departtnenf. 
§  1.  The  legislative  power  of  this  state  shall  be  vested  in  a  general 
assembly,  which  shall  consist  of  a  senate  and  house  of  representatives. 

Qualijicalions  nf  Electors. 

2.  Every  free  white  male  citizen  of  the  United  States,  who  shall  have 
attained  the  age  of  twenty-one  years,  and  who  shall  have  been  a  citizen 
of  this  state  six  months,  shall  be  deemed  a  qualified  elector,  and  be  en- 
titled to  vote  in  the  county  or  district  where  he  actually  resides,  for  each 
and  every  office  made  elective  under  this  state  or  the  United  States ; 
Provided,  that  no  soldier,  seaman,  or  marine  in  the  army  or  navy  of  the 
United  States,  shall  be  entitled  to  vote  at  any  election  within  this  state. 

Time  of  choosing  Representatives. 

3.  The  house  of  representatives  shall  consist  of  members  to  be  chosen 
livery  second  year  by  the  qualified  electors  of  the  several  counties. 

Qualifications  of  a  Representative. 

4.  No  person  shall  be  a  member  of  the  house  of  representatives,  who 
shall  not  have  attained  the  age  of  twenty-five  years ;  who  shall  not  be  a 
free  white  male  citizen  of  the  United  States ;  who  shall  not,  at  the  time 
of  his  election,  have  an  actual  residence  in  the  county  he  may  be  chosen 
to  represent. 

Qualifications  of  a  Senator. 

6.  The  senate  shall  consist  of  members  to  be  chosen  every  four  years 
by  the  qualified  electors  of  the  several  districts. 

6.  No  person  shall  be  a  senator  who  shall  not  have  attained  the  age 
of  thirty  years ;  who  shall  not  be  a  free  white  male  citiien  of  the  United 


ARKANSAS.  399 

States ;  who  shall  not  have  been  an  inhabitant  of  this  state  one  year ; 
and  who  shall  not,  at  the  time  of  his  election,  have  an  actual  residence 
in  the  district  he  may  be  chosen  to  represent. 

Meeting  of  the  General  Assembly. 

7.  The  general  assembly  shall  meet  every  two  years,  on  the  first 
Monday  of  November,  at  the  seat  of  government,  until  altered  by  law. 

The  Mode  of  Election,  and  Time,  and  Privilege  of  Electors. 

8.  All  general  elections  shall  be  viva  voce,  until  otherwise  directed  by 
law,  and  shall  commence  and  be  holden  every  two  years,  on  the  first 
Monday  in  October,  until  altered  by  law ;  and  the  electors,  in  all  cases 
except  in  cases  of  treason,  felony,  and  breach  of  the  peace,  shall  be  pri- 
vileged from  arrest  during  their  attendance  on  elections,  and  in  going  to 
and  returning  therefrom. 

Duii/  of  Governor. 

9.  The  governor  shall  issue  writs  of  election,  to  fill  such  vacancies 
as  shall  occur  in  either  house  of  the  general  assembly. 

10.  No  judge  of  the  supreme,  circuit,  or  inferior  courts  of  law^  or 
equity,  secretary  of  state,  attorney  for  the  United  States,  state  auditor 
or  treasurer,  register  or  recorder,  clerk  of  any  court  of  record,  sheriff, 
coroner,  member  of  congress,  nor  any  other  person  holding  any  lucrative 
office  under  the  United  States,  or  this  state,  (militia  officers,  justices  of 
the  peace,  postmasters,  and  judges  of  the  county  courts,  excepted,)  «hall 
be  eligible  to  a  seat  in  either  house  of  the  general  assembly. 

11.  No  person  who  now  is,  or  shall  be  hereafter,  a  collector  or  holder 
of  public  money,  nor  any  assistant  or  deputy  of  such  holder  or  collector 
of  public  money,  shall  be  eligible  to  a  seat  in  either  house  of  the  general 
assembly,  nor  to  any  office  of  profit  or  trust,  until  he  shall  have  account- 
ed for  and  paid  over  all  sums  for  which  he  may  have  been  liable. 

12.  The  general  assembly  shall  exclude  from  every  office  of  trust 
and  profit,  and  from  the  right  of  suffrage  within  this  state,  all  persons 
convicted  of  bribery,  perjury,  or  other  infamous  crime. 

13.  Every  person  who  shall  have  been  convicted  of  directly  or  indi- 
rectly giving  or  offering  any  bribe,  to  procure  his  election  or  appoint- 
ment, shall  be  disqualified  from  holding  any  office  of  trust  or  profit  in 
this  state  ;  and  any  person  who  shall  give  or  offer  any  bribe  to  procure 
the  election  or  appointment  of  any  person,  shall,  on  conviction  thereof, 
be  disqualified  from  being  an  elector,  or  from  holding  any  office  of  trust 
or  profit  under  this  state. 

14.  No  senator  or  representative  shall,  during  the  term  for  which  he 
shall  have  been  elected,  be  appointed  to  any  civil  office  under  this  state, 
which  shall  have  been  created,  or  the  emoluments  of  which  shall  have 
been  increased,  during  his  continuance  in  office ;  except  such  offices  as 
shall  be  filled  by  the  election  of  the  people. 

15.  Each  house  shall  appoint  its  own  officers,  and  shall  judge  of  the 
qualifications,  returns,  and  elections  of  its  own  members.  Two-thirds 
of  each  house  shall  constitute  a  quorum  to  do  business ;  but  a  smaller 
number  may  adjourn  from  day  to  day,  and  compel  the  attendance  of 
absent  members,  in  such  manner  and  under  such  penalties  as  each  house 
shall  provide. 

16.  Each  house  may  determine  rules  of  its  own  proceedings,  punish 


400  CONSTITUTION   OF 

its  own  members  for  disorderly  behaviour,  and,  with  the  concurrence 
of  two-thirds  of  the  members  elected,  expel  a  member ;  but  no  member 
shall  be  expelled  a  second  time  for  the  same  offence.  They  shall  each, 
from  time  to  time,  publish  a  journal  of  their  proceedings,  except  such 
parts  as  may,  in  their  opinion,  require  secrecy ;  and  the  yeas  and  nays 
on  any  question  shall  be  entered  on  the  journal  at  the  desire  of  any  five 
members. 

17.  The  door  of  each  house,  when  in  session,  or  in  committee  of  the 
whole,  shall  be  kept  open,  except  in  cases  which  may  require  secrecy  : 
and  each  house  may  punish,  by  fine  and  imprisonment,  any  person,  not 
a  member,  who  shall  be  guilty  of  disrespect  to  the  house,  by  any  disor- 
derly or  contemptuous  behaviour  in  their  presence  during  their  session  ; 
but  such  imprisonment  shall  not  extend  beyond  the  final  adjournment 
of  that  session. 

18.  Bills  may  originate  in  either  house,  and  be  amended  or  rejected 
in  the  other ;  and  every  bill  shall  be  read  on  three  different  days  in  each 
house,  unless  two-thirds  of  the  house  where  the  same  is  pending  shall 
dispense  with  the  rules ;  and  every  bill  having  passed  bofh  houses  shall 
be  signed  by  the  president  of  the  senate  and  the  speaker  of  the  house 
of  representatives. 

19.  Whenever  an  officer,  civil  or  military,  shall  be  appointed  by  the 
joint  or  concurrent  vote  of  both  houses,  or  by  the  separate  vote  of  either 
bouse,  of  the  general  assembly,  the  vote  shall  be  given  viva  voce,  and 
enteijpd  on  the  journal. 

20.  The  senators  and  representatives  shall,  in  all  cases,  except  treason 
felony,  or  breach  of  the  peace,  be  privileged  from  arrest  during  the  se» 
sion  of  the  general  assembly,  and  for  fifteen  days  before  the  commence^ 
ment  and  after  the  termination  of  each  session ;  and  for  any  speech  or 
debate  in  either  house,  they  shall  not  be  questioned  in  any  other  place. 

21.  The  members  of  the  general  assembly  shall  severally  receive  from 
the  public  treasury  compensation  for  their  services,  which  may  be  in- 
creased or  diminished ;  but  no  alteration  of  such  compensation  of  mem- 
bers shall  take  effect  during  the  session  at  which  it  is  made. 

The  Marnier  of  bringing  Suits  against  the  State. 

22.  The  general  assembly  shall  direct,  by  law,  in  what  courts  and  in 
what  manner  suits  may  be  commenced  against  the  state. 

23.  They  shall  have  power  to  pass  all  laws  that  are  necessary  to  pro- 
hibit the  introduction  in  this  state  of  any  slave  or  slaves  who  may  have 
committed  any  high  crime  in  any  other  state  or  territory. 

24.  The  general  assembly  shall  not  have  power  to  pass  any  bill  of 
divorce ;  but  may  prescribe  by  law  the  manner  in  which  such  cases  shall 
be  investigated  in  the  courts  of  justice,  and  divorces  granted. 

25.  The  general  assembly  shall  have  power  to  prohibit  the  introduc- 
tion of  any  slave  or  slaves  for  the  purpose  of  speculation,  or  as  an  article 
of  trade  and  merchandise;  to  oblige  the  owners  of  any  slave  or  slaves  to 
treat  them  with  humanity;  and  in  the  prosecution  of  slaves  for  any 
crime,  they  shall  not  be  deprived  of  an  impartial  jury ;  and  any  slave 
who  shall  be  convicted  of  a  capital  offence  shall  suffer  the  same  degree 
of  punishment  as  would  be  inflicted  on  a  free  white  person,  and  no  other; 
and  courts  of  justice,  before  whom  slaves  shall  be  tried,  shall  assign 
them  counsel  for  their  defence.  ' 


ARKANSAS.  401 

26  The  governor,  secretary  of  state,  auditor,  treasurer,  antl  all  the 
judges  of  the  supreme,  circuit,  and  inferior  courts  of  law  and  equity,  and 
the  prosecuting  attorney  for  the  state,  shall  be  liable  to  impeachment  for 
any  malpractice  or  misclemeanour  in  office;  but  judgment  in  such  cases 
shall  not  extend  farther  than  removal  from  office,  and  disqualification  to 
hold  any  office  of  honour,  trust,  or  prolit,  under  this  state.  The  party 
impeached,  whether  convicted  or  acquitted,  shall  nevertheless  be  liable 
to  be  indicted,  tried,  and  punished,  according  to  law. 

27.  The  house  of  representatives  shall  have  the  sole  power  of  impeach- 
ment; and  all  impeachments  shall  be  tried  by  the  senate;  and  when  sit- 
ting for  that  purpose,  the  senators  shall  be  on  oath  or  affirmation  to  do 
justice  according  to  law  and  evidence.  When  the  governor  shall  be 
tried,  the  chief  justice  of  the  supreme  court  shall  preside;  and  no  person 
shall  be  convicted  without  the  concurrence  of  two-thirds  of  all  the  sena- 
tors elected; •and  for  reasonable  cause,  which  shall  not  be  sufficient 
ground  of  impeachment,  the  governor  shall,  on  the  joint  address  of  two- 
thirds  of  each  branch  of  the  general  assembly,  remove  from  office  the 
judges  of  the  supreme  and  inferior  courts :  Provided,  the  cause  or 
causes  of  removal  be  spread  on  the  journals,  and  the  party  charged  be 
notified  of  the  same,  heard  by  himself  and  counsel,  before  the  vote  is 
finally  taken  and  decided. 

28.  The  appointment  of  all  officers  not  otherwise  directed  by  this 
constitution,  shall  be  made  in  such  manner  as  may  be  prescribed  by 
law ;  and  all  officers,  both  civil  and  military,  acting  under  the  authority 
of  this  state,  shall,  before  entry  on  the  duties  of  their  respective  offices, 
take  an  oath  or  affirmation  to  support  the  constitution  of  the  United 
States,  and  of  this  state,  and  to  demean  themselves  faithfully  in  office. 

29.  No  county  now  established  by  law  shall  ever  be  reduced,  by  the 
establishment  of  any  new  county  or  counties,  to  less  than  nine  hundred 
square  miles,  nor  to  a  K-ss  population  than  its  ratio  of  representation  in 
the  house  of  representatives;  nor  shall  any  county  be  hereafter  established 
which  shall  contain  less  than  nine  hundred  square  miles,  (except  Wash- 
ington county,  which  may  be  reduced  to  six  hundred  square  miles,)  or  a 
less  population  than  would  entitle  such  county  to  a  member  in  the  house 
of  representatives. 

30.  The  style  of  the  laws  of  the  state  shall  be,  ''Be  it  enacted  by  the 
general  assembly  nf  the  state  of  Arkansas.''^  « 

31.  The  state  shall,  from  time  to  time,  be  divided  into  convenient  dis- 
tricts, in  such  manner  that  the  senate  shall  be  based  upon  the  free  white 
nliale  inhabitants  of  the  state,  each  senator  representing  an  equal  number, 
as  nearly  as  practicable ;  and  until  the  first  enumeration  of  the  inhabit- 
ants is  taken,  the  districts  shall  be  arranged  as  follows : 

The  county  of  Washington  shall  compose  one  district,  and  elect  two 
senators ; 

The  counties  of  Carroll,  Searcy,  and  Izard  shall  compose  one  district; 
and  elect  one  senator  ; 

The  counties  of  Independence  and  Jackson  shall  compose  one  district, 
and  elect  one  senator ; 

The  counties  of  Lawrence  and  Randolph  shall  compose  otie  district, 
end  elect  one  senator ; 

The  counties  of  Johnson  and  Pope  shall  compose  one  district,  and 
elect  one  senator ; 

2  L  2 


402  CONSTITUTION   OF 

The  counties  of  Crawford  and  Scott  shall  compose  one  district,  and 
elect  one  senator ; 

The  counties  of  Conway  and  Van  Buren  shall  compose  one  district, 
and  elect  one  senator ; 

The  counties  of  Pulaski,  White,  and  Saline  shall  compose  one  dis- 
trict, and  elect  one  senator; 

The  counties  of  Hot  Spring,  Clark,  and  Pike  shall  compose  one  dis- 
trict, and  elect  one  senator ; 

The  counties  of  Hempstead  and  Lafayette  shall  compose  one  district, 
and  elect  one  senator ; 

The  counties  of  Sevier  and  Miller  shall  compose  one  district,  and  elect 
one  senator ; 

The  counties  of  Chicot  and  Union  shall  compose  one  district,  and 
elect  one  senator ; 

The  counties  of  Arkansas  and  Jefferson  shall  compose  one  district, 
and  elect  one  senator ; 

The  counties  of  Phillips  and  Monroe  shall  compose  one  district,  and 
elect  one  senator ; 

The  counties  of  St.  Francis  and  Greene  shall  compose  one  district, 
and  elect  one  senator ; 

The  counties  of  Crittenden  and  Mississippi  shall  compose  one  district, 
and  elect  one  senator ; 

And  the  senate  shall  never  consist  of  less  than  seventeen  nor  more 
than  thirty-three  members ;  and  as  soon  as  the  senate  shall  meet  after 
the  first  election  to  be  held  under  the  constitution,  they  shall  cause  the 
senators  to  be  divided  by  lot,  into  two  classes,  nine  of  the  first  class  and 
eight  of  the  second  class  ;  and  the  seats  of  the  first  class  shall  be  vacated 
at  the  end  of  two  years  from  the  time  of  their  election,  and  the  seats  of 
the  second  class  at  the  end  of  four  years  from  the  time  of  their  election ; 
in  order  that  one  class  of  the  senators  may  be  elected  every  two  years. 

32.  An  enumeration  of  the  inhabitants  of  the  state  shall  be  taken 
under  the  direction  of  the  general  assembly,  on  the  first  day  of  January, 
one  thousand  eight  hundred  and  thirty-eight,  and  at  the  end  of  every 
four  years  thereafter ;  and  the  general  assembly  shall,  at  the  first  session 
after  the  return  of  every  enumeration,  so  alter  and  arrange  the  senatorial 
districts,  that  each  district  shall  contain,  as  nearly  as  practicable,  an  equal 
number  of  free  white  male  inhabitants :  Provided,  that  Washington 
county,  as  long  as  the  population  shall  justify  the  same,  may,  according 
to  its  numbers,  elect  more  than  one  senator;  and  such  districts  shall 
then  remain  unaltered,  until  the  return  of  another  enumeration  ;  and 
shall,  at  all  times,  consist  of  contiguous  territory,  and  no  county  shall  be 
divided  in  the  formation  of  a  senatorial  district. 

33.  The  ratio  of  representation  in  the  senate  shall  be  fifteen  hundred 
free  white  male  inhabitants  to  each  senator,  until  the  senators  amount  to 
twenty-five  in  number ;  and  then  they  shall  be  equally  apportioned  upon 
the  same  basis  throughout  the  state,  in  such  ratio  as  the  increased  num- 
bers of  free  white  male  inhabitants  may  require,  without  increasing  the 
senators  to  a  greater  number  than  twenty-five,  until  the  population  of  the 
state  amounts  to  five  hundred  thousand  souls ;  and  when  an  increase  of 
senators  takes  place,  they  shall,  from  time  to  time,  be  divided  by  lot,  and 
classed  as  prescribed  above. 

34.  The  house  of  representatives  shall  consist  of  not  less  than  fifty-four 


ARKANSAS.  403 

nor  more  than  one  hundred  representatives,  to  be  apportioned  among  the 
several  counties  in  this  state,  according  to  the  number  of  free  white  male 
inhabitants  therein,  taking  five  hundred  as  the  ratio,  until  the  number 
of  representatives  amount  to  seventy-five ;  and  when  they  amount  to 
seventy-five,  they  shall  not  be  farther  increased  until  the  population  of 
the  state  amounts  to  five  hundred  thousand  souls :  Provided,  that  each 
county  now  organized  shall,  although  its  population  may  not  give  the 
existing  ratio,  always  be  entitled  to  one  representative ;  and  until  the 
first  enumeration  shall  be  taken,  the  representatives  shall  be  apportioned 
among  the  several  counties  as  follows  : 

The  county  of  Washington  shall  elect  six  representatives. 

The  county  of  Scott  shall  elect  one  representative. 

The  county  of  Johnson  shall  elect  two  representatives. 

The  county  of  Pope  shall  elect  two  representatives. 

The  county  of  Conway  shall  elect  one  representative. 

The  county  of  Van  Buren  shall  elect  one  representative. 

The  county  of  Carroll  shall  elect  two  representatives. 

The  county  of  Searcy  shall  elect  one  representative. 

The  county  of  Izard  shall  elect  one  representative. 

The  county  of  Independence  shall  elect  two  representatives. 

The  county  of  Crawford  shall  elect  three  representatives. 

The  county  of  Jackson  shall  elect  one  representative. 

The  county  of  Lawrence  shalTelect  two  representatives. 

The  county  of  Randolph  shall  elect  tvpo  representatives. 

The  county  of  White  shall  elect  one  representative. 

The  county  of  Pulaski  shall  elect  two  representatives. 

The  county  of  Hot  Spring  shall  elect  one  representative. 

The  county  of  Saline  shall  elect  one  representative. 

The  county  of  Clark  shall  elect  one  representative. 

The  county  of  St.  Francis  shall  elect  two  representatives. 

The  county  of  Pike  shall  elect  one  representative. 

The  county  of  Hempstead  shall  elect  two  representatives. 

The  county  of  Miller  shall  elect  one  representative. 

The  county  of  Sevier  shall  elect  one  representative. 

The  county  of  Union  shall  elect  one  representative. 

The  county  of  Chicot  shall  elect  two  representatives. 

The  county  of  Arkansas  shall  elect  one  representative. 

The  county  of  Jefferson  shall  elect  one  rep^-esentative. 

The  county  of  Monroe  shall  elect  one  representative. 

The  county  of  Phillips  shall  elect  two  representatives. 

The  county  of  Greene  shall  elect  one  representative. 

The  county  of  Crittenden  shall  elect  one  representative. 

The  county  of  Mississippi  shall  elect  one  representative. 

And  at  the  first  session  of  the  legislature,  after  the  return  of  every 
enumeration,  the  representatives  shall  be  equally  divided  and  reappor- 
tioned among  the  several  counties,  according  to  the  number  of  free  white 
males  in  each  county,  as  above  prescribed. 

Mode  of  amending  the  Constitution. 
35.  The  general  assembly  may  at  any  time  propose  such  amendments 
to  this  constitution  as  two-thirds  of  each  house  shall  deem  expedient, 
which  shall  he  published  in  all  the  newspapers  published  in  this  state. 


404  CONSTITUTION   OF 

three  several  times,  at  least  twelve  motJths  before  the  next  general  elec- 
tion ;  and  if,  at  the  first  session  of  the  general  assembly,  after  such  general 
election,  two-thirds  of  each  house  shall,  by  yeas  and  nays,  ratify  such 
proposed  amendments,  they  shall  be  valid  to  all  intents  and  purposes, 
as  parts  of  this  constitution  :  Provided,  that  such  proposed  amendments 
shall  be  read  on  three  several  days  in  each  house,  as  well  when  the 
same  are  proposed  as  when  they  are  finally  ratified. 

ARTICLE  5. 

Executive  Department. 

1.  The  supreme  executive  power  of  this  state  shall  be  vested  in  a 
chief  magistrate,  who  shall  be  styled  the  governor  of  the  state  of  Arkansas. 

2.  The  governor  shall  be  elected  by  the  qualified  electors,  at  the  time 
and  places  where  they  shall  respectively  vote  for  representatives. 

3.  The  returns  of  every  election  for  governor  shall  be  sealed  up  and 
transmitted  to  the  speaker  of  the  house  of  representatives,  who  shall, 
during  the  first  week  of  the  session,  open  and  publish  them,  in  the  pre- 
sence of  both  houses  of  the  general  assembly.  The  person  having  the 
highest  number  of  votes  shall  be  governor ;  but  if  two  or  more  shall  be 
equal  and  highest  in  votes,  one  of  them  shall  be  chosen  governor  by  the 
joint  vote  of  both  houses.  Contested  elections  for  governor  shall  be 
determined  by  both  houses  of  the  general  assembly,  in  such  manner  as 
shall  be  prescribed  by  law. 

4.  The  governor  shall  hold  his  office  for  the  term  of  four  years  from 
the  time  of  his  installation,  and  until  his  successor  shall  be  duly  qualified  ; 
but  shall  not  be  eligible  for  more  than  eight  years  in  an}'^  term  of  twelve 
years.  He  shall  be  at  least  thirty  years  q(  age,  a  native  born  citizen  of 
Arkansas,  or  a  native  born  citizen  of  the  United  States,  or  a  resident  of , 
Arkansas  ten  years  previous  to  the  adoption  of  the  constitution,  if  not  a 
native  of  the  United  States ;  and  shall  have  been  a  resident  of  the  same 
at  least  four  years  next  before  his  election. 

5.  He  shall  at  stated  times  receive  a  compensation  for  his  services, 
which  shall  not  be  increased  or  diminished  during  the  term  for  which  he 
shall  have  been  elected ;  nor  shall  he  receive,  within  that  period,  any 
other  emolument  from  the  United  States,  or  any  one  of  them,  or  from 
any  foreign  power. 

6.  He  shall  be  commander-in-chief  of  the  army  of  this  state,  and  of 
the  militia  thereof,  except  when  they  shall  be  called  into  the  service  of 
the  United  States. 

7.  He  may  require  information  in  writing  from  the  officers  of  the 
executive  department,  on  any  subject  relating  to  the  duties  of  their  re- 
spective offices. 

8.  He  may,  by  proclamation,  on  extraordinary  occasions,  convene  the 
general  assembly  at  the  seat  of  government,  or  at  a  different  place  if  that 
shall  have  become,  since  their  last  adjournment,  dangerous  from  an  enemy 
or  from  contagious  diseases.  In  case  of  disagreement  between  the  two 
houses  with  respect  to  the  time  of  adjournment,  he  may  adjourn  them 
to  such  time  as  he  shall  think  proper,  not  beyond  the  day  of  the  next 
meeting  of  the  general  assembly. 

9.  He  shall,  from  time  to  time,  give  the  general  assembly  information 


ARKANSAS.  405 

of  the  state  of  the  government,  and  recommend  to  their  consideration 
such  measures  as  he  may  deem  expedient. 

10.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

11.  In  all  criminal  and  penal  cases,  except  in  those  of  treason  and 
impeachment,  he  shall  have  power  to  grant  pardons  after  convictions, 
and  remit  fines  and  forfeitures,  under  svich  rules  and  regulations  as  shall 
be  prescribed  by  law.  In  cases  of  treason,  he  shall  have  power,  by  and 
with  the  advice  and  consent  of  the  senate,  to  grant  reprieves  and  par- 
dons ;  and  he  may,  in  the  recess  of  the  senate,  respite  the  sentence  until 
the  end  of  the  next  session  of  the  general  assembly. 

12.  There  shall  be  a  seal  of  this  state,  which  shall  be  kept  by  the  go- 
vernor, and  used  by  him  officially  ;  and  the  present  seal  of  the  territory 
shall  be  the  seal  of  the  state,  until  otherwise  directed  by  the  general 
assembly. 

13.  All  commissions  shall  be  in  the  name  and  by  the  authority  of  the 
state  of  Arkansas ;  be  sealed  with  the  seal  of  the  state,  signed  by  the 
governor,  and  attested  by  the  secretary  of  state. 

14.  There  shall  be  a  secretary  of  state  elected  by  a  joint  vote  of  both 
houses  of  the  general  assembly,  who  shall  continue  in  office  during  the 
term  of  four  years,  and  until  his  successor  in  office  be  duly  qualified. 
He  shall  keep  a  fair  register  of  all  the  official  acts  and  proceedings  of  the 
governor,  and  shall,  when  required,  lay  the  same,  and  all  papers,  minutes, 
and  vouchers  relative  thereto,  before  the  general  assembly  ;  and  shall 
perform  such  other  duties  as  may  be  required  by  law. 

15.  Vacancies  that  may  happen  in  offices,  the  election  to  which  is 
vested  in  the  general  assembly,  shall  be  filled  by  the  governor  during  the 
recess  of  the  general  assembly,  by  granting  commissions,  which  shall 
expire  at  the  end  of  the  next  session. 

16.  Every  bill  which  shall  have  passed  both  houses  shall  be  presented 
to  the  governor ;  if  he  approve,  he  shall  sign  it ;  but  if  he  shall  not  ap- 
prove it,  he  shall  return  it,  with  his  objections,  to  the  house  in  v^hich  it 
shall  have  originated,  who  shall  enter  his  objections  at  large  upon  their 
journals,  and  proceed  to  reconsider  it.  If,  after  such  reconsideration,  a 
majority  of  the  whole  number  elected  to  that  house  shall  agree  to  pass 
the  bill,  it  shall  be  sent  with  the  objections  to  the  other  house,  by  which, 
likewise,  it  shall  be  reconsidered  ;  and,  if  approved  by  a  majority  of  the 
whole  number  elected  to  that  house,  it  shall  be  a  law  ;  but  in  such  cases 
the  votes  of  both  houses  shall  be  determined  by  yeas  and  nays,  and  the 
names  of  the  persons  voting  for  and  against  the  bill  shall  be  entered  on 
the  journal  of  each  respectively.  If  any  bill  shall  not  be  returned  by  the 
governor  within  three  days,  Sundays  excepted,  after  it  shall  have  been 
presented  to  him,  the  same  shall  be  a  law  in  like  manner  as  if  he  had 
signed  it,  unless  the  general  assembly,  by  their  adjournment,  prevent  its 
return  ;  in  such  cases,  it  shall  not  be  a  law. 

17.  Every  order  or  resolution  to  which  the  concurrence  of  both  houses 
may  be  necessary,  except  on  questions  of  adjournment,  shall  be  presented 
to  the  governor,  and  before  it  shall  take  effect,  be  approved  by  him,  or, 
being  disapproved,  shall  be  repassed  by  both  houses,  according  to  the 
rules  and  limitations  prescribed  in  the  case  of  a  bill. 

18.  In  case  of  the  impeachment  of  the  governor,  his  removal  from 
office,  death,  refusal  to  qualify,  resignation,  or  absence  from  the  state,  tlje 
president  of  the  senate  shall  exercise  all  the  authority  appertaining  to 


406  CONSTITUTION   OF 

the  office  of  governor,  until  another  governor  shall  have  been  elected 
and  qualified,  or  until  the  governor  absent  or  impeached,  return  or  be 
acquitted. 

19.  If,  during  the  vacancy  of  the  office  of  governor,  the  president  of 
the  senate  shall  be  impeached,  removed  from  office,  refusal  to  qualify, 
resign,  die,  or  be  absent  from  the  state,  the  speaker  of  the  house  of  repre- 
sentatives shall  in  like  mannei  administer  the  government. 

20.  The  president  of  the  senate  and  speaker  of  the  house  of  representa- 
tives, during  the  time  they  respectively  administer  the  government,  shall 
receive  the  same  compensation  which  the  governor  would  have  received, 
had  he  been  employed  in  the  duties  of  his  office. 

21.  Whenever  the  office  of  governor  shall  become  vacant,  by  death, 
resignation,  removal  from  office,  or  otherwise,  provided,  such  vacancy 
shall  not  happen  within  eighteen  months  of  the  end  of  the  tefin  for 
which  the  late  governor  shall  have  been  elected,  the  president  of  the 
senate  or  speaker  of  the  house  of  representatives,  as  the  case  may  be, 
exercising  the  powers  of  governor  for  the  time  being,  shall  immediately 
cause  an  election  to  be  held  to  fill  such  vacancy,  giving,  by  proclamation, 
sixty  days'  previous  notice  thereof,  which  election  shall  be  governed  by 
the  same  rules  prescribed  for  general  elections  of  governor,  as  far  as  ap- 
plicable. The  return  shall  be  made  to  the  secretary  of  state,  who,  ift 
presence  of  the  acting  governor,  arid  the  judges  of  the  supreme  court,  or 
one  of  them  at  least,  shall  compare  them,  and,  together  with  said  acting 
governor,  and  judges,  declare  who  is  elected ;  and  if  there  be  a  contested 
election,  it  shall  be  decided  by  the  judges  of  the  supreme  court  in  manner 
to  be  prescribed  by  law. 

22.  The  governor  shall  always  reside  at  the  seat  of  government. 

23.  No  person  shall  hold  the  office  of  governor,  and  any  other  office 
or  commission,  civil  or  military,  either  in  this  state,  or  under  any  state, 
or  the  United  States,  or  any  other  power,  at  one  and  the  same  time. 

24.  That  there  shall  be  elected,  by  the  joint  vote  of  both  houses  of  the 
general  assembly,  an  auditor  and  treasurer  for  this  state,  who  shall  hold 
their  offices  for  the  term  of  two  years,  and  until  their  respective  succes- 
sors are  elected  and  qualified,  unless  sooner  removed,  and  shall  keep  theii' 
respective  offices  at  the  seat  of  government,  and  perform  such  duties  as 
shall  be  prescribed  by  law  ;  and,  in  case  of  vacancy  by  death,  resignation, 
or  otherwise,  such  vacancy  shall  be  filled  by  the  governor,  as  in  other 
cases. 

Militia. 

§  1.  The  militia  of  this  state  shall  be  divided  into  convenient  divisions, 
brigades,  regiments,  and  companies,  and  officers  of  corresponding  titlee 
and  rank  elected  to  command  them,  conforming,  as  nearly  as  practicable, 
to  the  general  regulations  of  the  army  of  the  United  States. 

2.  Major-generals  shall  be  elected  by  the  brigadier-generals  and  field 
officers  of  their  respective  divisions  ;  brigadier-generals  shall  be  elected 
by  the  field  officers  and  commissioned  company  officers  of  their  respective 
brigades  ;  field  officers  shall  be  elected  by  the  officers  and  privates  of  their 
respective  regiments ;  and  captains  and  subaltern  officers  shall  be  elected 
by  those  subject  to  military  duty  in  their  respective  companies. 

3.  The  governor  shall  appoint  the  adjutant-general  and  other  members 
of  his  staff;  and  major-generals,  brigadier-generals  and  commandants  of 


ARKANSAS.  407 

regiments,  shall  respectively  appoint  their  own  staff;  and  all  commis- 
sioned officers  may  continue  in  office  during  good  behaviour ;  and  staff 
officers  during  the  same  time,  subject  to  be  removed  by  the  superior  offi- 
cers from  whom  they  respectively  derive  their  appointment. 

ARTICIE  6. 

Judicial  Department 

§  1 .  The  judicial  power  of  this  state  shall  be  vested  in  one  supreme 
court,  in  circuit  courts,  in  county  courts,  and  in  justices  of  the  peace. 
The  general  assembly  may  also  vest  such  jurisdiction  as  may  be  deemed 
necessary  in  corporation  courts,  and,  when  they  deem  it  expedient,  may 
establish  courts  of  chancery. 

2.  The  supreme  court  shall  be  composed  of  three  judges,  one  of  whom 
sliall  be  styled  chief  justice,  any  two  of  whom  shall  constitute  a  quorum, 
and  the  concurrence  of  two  of  said  judges  shall,  in  every  case,  be 
necessary  to  a  decision.  The  supreme  court,  except  in  cases  otherwise 
directed  by  this  constitution,  shall  have  appellate  jurisdiction  only,  which 
shall  be  co-extensive  with  the  state,  under  such  restrictions  and  regula- 
tions as  may,  from  time  to  time,  be  prescribed  by  law.  It  shall  have  a 
general  superintending  control  over  all  inferior  and  other  courts  of  la 
and  equity.  It  shall  have  power  to  issue  writs  of  error  and  supersedea.i 
certiorari,  and  habeas  corpus,  mandamus,  and  quo  warranto,  and  other 
remedial  writs,  and  to  hear  and  determine  the  same.  Said  judges  shall 
be  conservators  of  the  peace  throughout  the  state,  and  shall  severally  have 
power  to  issue  any  of  the  aforesaid  writs. 

3.  The  circuit  courts  shall  have  original  jurisdiction  over  all  criminal 
cases,  which  shall  not  be  otherwise  provided  for  by  law ;  and  exclusive 
original  jurisdiction  of  all  crimes  amounting  to  felony  at  common  law; 
and  original  jurisdiction  of  all  ci\;il  cases  which  shall  not  be  cognisable 
before  justices  of  the  peace,  until  otherwise  directed  by  the  general  as- 
sembly ;  and  original  jurisdiction  in  all  matters  of  contracts,  where  the 
sum  in  controversy  is  over  one  hundred  dollars.  It  shall  hold  its  terms 
in  such  place  in  each  county  ap  may  be  by  law  directed. 

4.  The  state  shall  be  divided  into  convenient  circuits,  each  to  consist 
of  not  less  than  five,  nor  more  than  seven  counties,  contiguous  to  each 
other,  for  each  of  which  a  judge  shall  be  elected  ;  who,  during  his  conti- 
nuance in  office,  shall  reside  and  be  a  conservator  of  the  peace  within  the 
circuit  for  which  he  shall  have  been  elected. 

5.  The  circuit  courts  shall  exercise  a  superintending  control  over  the 
county  courts,  and  over  justices  of  the  peace,  in  each  county  in  their 
respective  circuits,  and  shall  have  power  to  issue  all  the  necessary  writs 
to  carry  into  effect  their  general  and  specific  powers. 

6.  Until  the  general  assembly  shall  deem  it  expedient  to  establish 
courts  of  chancery,  the  circuit  court  shall  have  jurisdiction  in  matters  of 
equity,  subject  to  appeal  to  the  supreme  court,  in  such  manner  as  may 
be  prescribed  by  law. 

7.  The  general  assembly  shall,  by  joint  vote  of  both  houses,  elect  the 
judges  of  the  supreme  and  circuit  courts,  a  majority  of  the  whole  num- 
ber in  joint  vote  being  necessary  to  a  choice.  The  judges  of  the  supreme 
court  shall  be  at  least  thirty  years  of  age.  They  shall  hold  their  offices 
during  the  term  of  eight  years  from  the  date  of  their  commissions.     Im 


408  CONSTITUTION   OF 

mediately  after  such  election,  by  the  first  general  assembly,  the  presideu 
of  the  senate  and  speaker  of  the  house  of  representatives  shall  proceed, 
by  lot,  to  divide  the  judges  into  three  classes.  The  commission  of  the 
first  class  shall  expire  at  the  end  of  four  years  ;  of  the  second  class  at  the 
end  of  six  years  ;  and  of  the  third  class  at  the  end  of  eight  years  ;  so  that 
one-third  of  the  whole  number  shall  be  chosen  every  four,  six,  and  eight 
years.  The  judges  of  the  circuit  court  shall  be  at  least  twenty-five  years 
of  age,  and  shall  be  elected  for  the  term  of  four  years  from  the  date  of 
their  commission.  The  supreme  court  shall  appoint  its  own  clerks  for 
the  term  of  four  years.  The  qualified  voters  of  each  county  shall  elect  a 
clerk  of  the  circuit  court  for  their  respective  counties,  who  shall  hold  his 
ofiice  for  the  term  of  two  years ;  and  courts  of  chancery,  if  any  be  esta- 
blished, shall  appoint  their  own  clerks. 

8.  The  judges  of  the  supreme  and  circuit  courts  shall,  at  stated  times, 
receive  a  compensation  for  their  services,  to  be  ascertained  by  law,  which 
shall  not  be  diminished  during  the  term  for  which  they  are  elected. 
They  shall  not  be  allowed  any  fees  or  perquisites  of  office,  nor  hold  any 
other  office  of  trust  or  profit  under  this  state  or  the  United  States.  The 
state  attorneys  and  clerks  of  the  supreme  and  circuit  courts,  and  courts 
of  chancery,  if  any  such  be  established,  shall  receive  for  their  services 
such  salaries,  fees,  and  perquisites  of  ofiice,  as  shall  be  from  time  to  time 
fixed  by  law. 

9.  There  shall  be  established,  in  each  county  in  the  state,  a  court  to 
be  holden  by  the  justices  of  the  peace,  and  called  the  county  court,  which 
shall  have  jurisdiction  in  all  matters  relating  to  county  taxes,  disburse- 
ments of  money  for  county  purposes,  and  in  every  other  case  that  may 
be  necessary  to  the  internal  improvement  and  local  concerns  of  the  re- 
spective counties. 

10.  There  shall  be  elected,  by  the  justices  of  the  peace  of  the  respective 
counties,  a  presiding  judge  of  the  county  court,  to  be  commissioned  by 
the  governor,  and  hold  his  ofiice  for  the  term  of  two  years,  and  until  his 
successor  is  elected  and  qualified.  He  shall,  in  addition  to  the  duties 
that  may  be  required  of  him  by  law,  as  a  presiding  judge  of  the  county 
court,  be  a  judge  of  probate,  and  have  such  jurisdiction  in  matters  relative 
to  the  estates  of  deceased  persons,  executors,  administrators,  and  guar- 
dians, as  may  be  prescribed  by  law,  until  otherwise  directed  by  the  gene- 
ral assembly. 

11.  The  presiding  judge  of  the  county  court,  and  justices  of  the  peace, 
shall  receive  for  their  services  such  compensation  and  fees  as  the  general 
assembly  may  from  time  to  time  by  law  direct. 

12.  No  judge  shall  preside  on  the  trial  of  any  case  in  the  event  of 
which  he  may  be  interested,  or  where  either  of  the  parties  shall  be  con- 
nected with  him  by  affinity  or  consanguinity,  within  such  degrees  as 
may  be  prescribed  by  law,  or  in  which  he  may  have  been  of  counsel,  or 
have  presided  in  any  inferior  court,  except  by  consent  of  all  the  parties. 
In  case  all  or  any  of  the  judges  of  the  supreme  court  shall  be  thus  dis- 
qualified from  presiding  on  any  cause  or  causes,  the  court  or  judges 
thereof  shall  certify  the  same  to  the  governor  of  the  state,  and  he  shall 
immediately  commission  specially  the  requisite  number  of  men  of  law 
knowledge  for  the  trial  and  determination  thereof.  The  same  course 
shall  be  pursued  in  the  circuit  and  other  inferior  courts,  as  prescribed  in 
this  section  for  cases  in  the  supreme  court.     Judges  of  the  circuit  courts 


ARKANSAS.  409 

may  temporarily  exchange  circuits,  or  hold  courts  for  each  other,  under 
such  regulations  as  may  be  pointed  out  by  law.  Judges  shall  not  charge 
iurors  with  respect  to  matters  of  fact;  but  may  state  the  testimony  and 
declare  the  law. 

13.  The  general  assembly  shall,  by  a  joint  vote  of  both  houses,  elect 
an  attorney  for  the  state,  for  each  circuit  established  by  law,  who  shall 
continue  in  office  two  years,  and  reside  within  the  circuit  for  which  he 
was  elected,  at  the  time. of  and  during  his  continuance  in  office.  In  all 
cases  where  an  attorney  for  the  state  of  any  circuit  fails  to  attend  ani. 
prosecute  according  to  law,  the  courts  shall  have  power  to  appoint  an 
attorney  pro  tempore.  The  attorney  for  the  court  in  which  the  supreme 
court  may  hold  its  term,  shall  attend  the  supreme  court,  and  prosecute  for 
the  state. 

14.  All  writs  and  other  process  shall  run  in  the  name  of  "The  state 
of  Arkansas,"  and  bear  test  and  be  signed  by  the  clerks  of  the  respective 
courts  from  which  they  issue.  Indictments  shall  conclude,  "  against  the 
peace  and  dignity  of  the  state  of  Arkansas." 

15.  The  qualified  voters  residing  in  each  township  shall  elect  the 
justice?  of  the  peace  for  their  respective  townships.  For  every  fifty 
voters  there  may  be  elected  one  justice  of  the  peace,  provided,  that  each 
township,  however  small,  shall  have  two  justices  of  the  peace.  Justices 
of  the  peace  shall  be  elected  for  the  term  of  two  years,  and  shall  be  com- 
missioned by  the  governor,  and  reside  in  the  townships  for  which  they 
were  elected  during  their  continuance  in  office.  They  shall  have,  indi- 
vidually, or  two  or  more  of  them  jointly,  exclusive  original  jurisdiction 
in  all  matters  of  contract,  except  in  actions  of  covenant,  where  the  sum 
in  controversy  is  of  one  hundred  dollars  and  under.  Justices  shall,  in 
no  case,  have  jurisdiction  to  try  and  determine  any  criminal  case  or 
penal  offence  against  the  state,  but  may  sit  as  examining  courts,  and 
commit,  discharge,  or  recognise,  to  the  court  having  jurisdiction,  for  fur- 
ther trial,  of  offenders  against  the  peace.  For  the  foregoing  purposes 
they  shall  have  power  to  issue  all  necessary  process.  They  shall  also 
have  power  to  bind  to  keep  the  peace,  or  for  good  behaviour. 

16.  The  qualified  voters  of  each  township  shall  elect  one  constable  for 
the  term  of  two  years,  who  shall,  during  his  continuance  in  office,  reside 
in  the  township  for  which  he  was  elected.  Incorporated  townships  may 
have  a  separate  constable,  and  a  separate  magistracy. 

17.  The  qualified  voters  af  each  county  shall  elect  one  sheriff,  one 
coroner,  one  treasurer,  and  one  county  surveyor,  for  the  term  of  two 
years.  They  shall  be  commissioned  by  the  governor,  reside  in  their  re- 
spective counties  during  their  continuance  in  office,  and  be  disqualified 
for  the  office  a  second  term,  if  it  should  appear  that  they,  or  either  of 
them,  are  in  default  for  any  moneys  collected  by  virtue  of  their  respective 
offices. 

ARTICtE    9. 

General  Provisions. — Education. 
§  1.  Knowledge  and  learning,  generally  diffused  through  a  commu- 
nity, being  essential  to  the  preservation  of  a  free  government,  and  dif- 
fusing the  opportunities  and  advantages  of  education  through  the  various 
parts  of  the  state  being  highly  conducive  to  this  end,  it  shall  be  the  duty 
of  the  general  assembly  to  provide  by  law  for  the  improvement  of  such 

2'M 


410  CONSTITUTION  OF 

lands  as  are  or  hereafter  may  be  granted  by  the  United  States  to  this 
state  for  the  use  of  schools,  and  to  apply  any  funds  which  may  be  raised 
from  such  land,  or  from  any  other  source,  to  the  accomplishment  of  the 
object  for  which  they  are  or  may  be  intended.  The  general  assembly 
shall  from  time  to  time  pass  such  laws  as  shall  be  calculated  to  encourage 
intellectual,  scientific,  and  agricultural  improvements,  by  allowing  rewards 
and  immunities  for  the  promotion  and  improvement  of  arts,  science,  com- 
merce, manufactures,  and  natural  history  ;  and  countenance  and  encou- 
rage the  principles  of  humanity,  industry,  and  morality. 

Emancipation  of  Slaves, 
§  1.  The  general  assembly  shall  have  no  p^wer  to  pass  laws  for  the 
emancipation  of  slaves,  without  the  consent  of  the  owners.  They  shall 
have  no  power  to  prevent  emigrants  to  this  state  from  bringing  with  them 
such  persons  as  are  deemed  slaves  by  the  laws  of  any  one  of  the  United 
States.  They  shall  have  power  to  pass  laws  to  permit  the  owners  of 
slaves  to  emancipate  them,  saving  the  rights  of  creditors,  and  preventing 
them  from  becoming  a  public  charge.  They  shall  have  power  to  prevent 
slaves  from  being  brought  to  this  state  as  merchandise,  and  also  to  oblige 
the  owners  of  slaves  to  treat  them  with  humanity. 

2.  Treason  against  the  state  shall  consist  only  in  levying  war  against 
it,  or  adhering  to  its  enemies,  giving  them  aid  and  comfort.  No  person 
shall  be  convicted  of  treason  unless  on  the  testimony  of  two  witnesses  to 
the  same  overt  act,  or  his  own  confession  in  open  court. 

3.  No  person  who  denies  the  being  of  a  God  shall  hold  any  office  in 
the  civil  department  of  this  state,  nor  be  allowed  his  oath  in  any  court. 

4.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence 
of  an  appropriation  by  law,  nor  shall  any  appropriation  of  money  for  the 
support  of  an  army  be  made  for  a  longer  term  than  two  years ;  and  a 
regular  statement  and  account  of  the  receipts  and  expenditures  of  all 
public  moneys  shall  be  published  with  the  promulgation  of  the  laws. 

5.  Absence  on  business  of  this  state,  or  of  the  United  States,  or  on  a 
visit  of  necessary  private  business,  shall  not  cause  a  forfeiture  of  a  resi- 
dence once  obtained. 

6.  No  lottery  shall  be  authorized  by  this  state,  nor  shall  the  sale  of 
lottery  tickets  be  allowed. 

7.  Internal  improvements  shall  be  encouraged  by  the  government  of 
this  state,  and  it  shall  be  the  duty  of  the  general  assembly,  as  soon  as 
may  be,  to  make  provision  by  law  for  ascertaining  the  proper  objects  of 
improvements  in  relation  to  roads,  canals,  and  navigable  waters ;  and  it 
shall  also  be  their  duty  to  provide  by  law  for  an  equal,  systematic,  and 
economical  application  of  the  fund  which  may  be  appropriated  to  these 
objects. 

8.  Returns  for  all  elections  for  officers  who  are  to  be  commissioned 
by  the  governor,  and  for  members  of  the  general  assembly,  shall  be  made 
to  the  secretary  of  state. 

9.  Within  five  years  after  the  adoption  of  this  constitution,  the  laws, 
civil  and  criminal,  shall  be  revised,  digested,  and  arranged,  and  promul- 
gated m  such  manner  as  the  general  assembly  shall  direct,  and  a  like 
revision,  digest,  and  promulgation  shall  be  made  within  every  subsequent 
period  of  ten  years. 

10.  In  the  event  of  the  annexation  of  any  territory  to  this  state,  by  a 


ARKANSAS.  411 

cession  from  the  United  States,  laws  may  be  passed  extending  to  the 
inhabitants  of  such  territory  all  the  rights  and  privileges  which  may  be 
required  by  the  terms  of  such  cession,  any  thing  in  this  constitution  to 
the  contrary  notwithstanding. 

1 1.  The  person  of  a  debtor,  except  where  there  is  strong  presumption 
of  fraud,  shall  neither  be  imprisoned  nor  continued  in  prison  after  deli- 
vering up  his  estate  for  the  benefit  of  his  creditors,  in  such  manner  as 
may  be  prescribed  by  law. 

Revenue. 

§  1.  All  revenue  shall  be  raised  by  taxation,  to  be  fixed  by  law. 

2.  All  property  subject  to  taxation  shall  be  taxed  according  to  its 
value,  that  value  to  be  ascertained  in  such  manner  as  the  general  assem- 
bly shall  direct,  making  the  same  equal  and  uniform  throughout  the 
state.  No  one  species  of  property  from  which  a  tax  may  be  collected, 
shall  be  taxed  higher  than  another  species  of  property  of  equal  value : 
Provided,  the  general  assembly  shall  have  power  to  tax  merchants, 
hawkers,  pedlers,  and  privileges,  in  such  manner  as  may  from  time  to 
time  be  prescribed  by  law  :  and  provided  further,  that  no  other  or  greater 
amounts  of  revenue  shall  at  any  time  be  levied,  than  required  for  the 
necessary  expenses  of  government,  unless  by  a  concurrence  of  two-thirds 
of  both  houses  of  the  general  assembly. 

3.  No  poll  tax  shall  be  assessed  for  other  than  county  purposes. 

4.  No  other  or  greater  tax  shall  be  levied  on  the  productions  or  labour 
of  the  country  than  may  be  required  for  expenses  of  inspection. 

Establishment  of  Banks. 
§  1.  The  general  assembly  may  incorporate  one  state  bank,  with  such 
amount  of  capital  as  may  be  deemed  necessary,  and  with  such  number 
of  branches  as  may  be  required  for  public  convenience,  which  shall  be- 
come the  repository  of  the  funds  belonging  to,  or  under  the  control  of, 
the  slate ;  and  shall  be  required  to  loan  them  out  throughout  the  state, 
and  in  each  county,  in  proportion  to  representation ;  and  they  shall  fur- 
ther have  power  to  incorporate  one  other  banking  institution,  calculated 
to  aid  and  promote  the  great  agricultural  interests  of  the  country ;  and 
the  faith  and  credit  of  the  state  may  be  pledged  to  raise  the  funds  neces- 
sary to  carry  into  operation  the  two  banks  herein  specified :  Provided, 
such  security  can  be  given  by  the  individual  stockholders  as  will  guaranty 
the  state  against  loss  or  injury. 

SCHEDULE. 
§  1.  That  no  inconvenience  may  arise  from  the  change  of  government, 
we  declare  that  all  writs,  actions,  prosecutions,  judgments,  claims,  and 
contracts  of  individuals  and  bodies  corporate,  shall  continue  as  if  no 
change  had  taken  place ;  and  all  process  which  may  be  issued  under  the 
authority  of  the  territory  of  Arkansas  previous  to  the  admission  of  Ar- 
kansas into  the  union  of  the  United  States,  shall  be  as  valid  as  if  issued 
in  the  name  of  the  state. 

2.  All  laws  now  in  force  in  the  territory  of  Arkansas,  which  are  not 
repugnant  to  this  constitution,  shall  remain  in  force  until  they  expire  by 
their  own  limitations,  or  be  altered  or  repealed  by  the  general  assembly. 

3.  All  fines,  penalties,  and  escheats,  accruing  to  the  territory  of  Ar- 
kansas, shall  accrue  to  the  use  of  the  state. 

4.  All  recognisances  heretofore  taken,  or  which  may  be  taken  before 


412         CONSTITUTION   OF   ARKANSAS. 

the  change  of  territorial  to  a  permanent  state  government,  shall  remain 
valid,  and  shall  pass  over  to,  and  may  he  prosecuted  in  the  name  of  the 
state ;  and  all  bonds  executed  to  the  governor  of  the  territory,  or  to  any 
other  officer  or  court,  in  his  or  their  official  capacity,  shall  pass  over  to 
the  governor,  or  state  authority,  and  their  successors  in  office,  for  tlie 
uses  therein  respectively  expressed  ;  and  may  be  sued  for  and  recovered 
accordingly.  All  criminal  prosecutions  and  penal  actions,  which  may 
have  arisen,  or  which  may  arise,  before  the  cliange  from  a  territorial  to 
a  state  government,  and  which  shall  then  be  pending,  shall  be  prosecuted 
to  judgment  and  execution  in  the  name  of  the  state.  All  actions  at  law 
which  now  are,  or  may  be  pending  in  any  of  the  courts  of  record  in  the 
territory  of  Arkansas,  may  be  commenced  in  or  transferred  to  any  court 
of  record  of  the  state,  which  shall  have  jurisdiction  of  the  subject-matter 
thereof;  and  all  suits  in  equity  may,  in  Uke  manner,  be  commenced  in 
or  transferred  to  the  court  having  chancery  jurisdiction. 

5.  All  officers,  civil  and  military,  now  holding  commissions  under 
authority  of  the  United  States,  or  of  the  territory  of  Arkansas,  shall  con- 
tinue to  hold  and  exercise  their  respective  offices  until  they  shall  be  su- 
perseded under  the  authority  of  the  state. 

6.  The  first  session  of  the  general  assembly  of  the  state  of  Arkansas 
shall  be  held  at  the  city  of  Little  Rock,  which  shall  be  and  remain  the 
seat  of  government,  until  otherwise  provided  for  by  law. 

7.  Elections  shall  be  held  at  the  several  precincts,  on  the  first  Monday 
of  August  next,  for  a  governor ;  also  one  representative  to  tlie  congress 
of  the  United  States ;  also  for  senators  and  representatives  to  the  next 
general  assembly,  clerks  of  the  circuit  and  county  courts,  sheriflfs,  coro- 
ners, county  surveyors  and  treasurers,  justices  of  the  peace,  and  con- 
stables. 

8.  The  next  general  assembly  shall  be  holden  on  the  second  Monday 
of  September  next. 

9.  The  election  shall  be  conducted  according  to  the  existing  laws  of 
the  territory  of  Arkansas;  and  the  returns  of  all  township  elections  held 
in  pursuance  thereof,  shall  be  made  to  the  clerks  of  the  proper  counties, 
within  five  days  after  the  day  of  election.  The  clerks  of  the  circuit 
courts  of  the  several  counties  shall  immediately  thereafter  certify  the 
returns  of  the  election  of  governor,  and  transmit  the  same  to  the  speaker 
of  the  house  of  representatives,  at  the  seat  of  government,  in  such  time 
that  they  may  be  received  on  the  second  Monday  of  September  next.' 
As  soon  as  the  general  assembly  shall  be  organized,  the  speaker  of  the 
house  of  representatives  and  the  president  of  the  senate  shall,  in  the 
presence  of  both  houses,  examine  the  returns,  and  declare  who  is  duly 
elected  to  fill  that  office ;  and,  if  any  two  or  more  persons  shall  have  an 
equal  number  of  votes,  and  a  higher  number  than  any  other  person,  the 
general  assembly  shall  determine  the  election  by  a  joint  vote  of  both  houses. 
And  the  returns  of  the  election  for  member  to  congress  shall  be  made  to 
the  secretary  of  state,  within  thirty  days  after  the  day  of  election. 

10.  The  oaths  of  office  may  be  administered  by  any  judge  or  justice 
of  the  peace,  until  the  general  assembly  shall  otherwise  direct. 

Done  by  the  representatives  of  the  people  of  Arkansas,  in  convention 
assembled,  at  the  city  of  Little  Rock,  on  the  30th  day  of  January,  in  the 
year  of  our  Lord  1836  and  of  the  independence  of  the  United  States 
the  60th  year. 


AMENDMENTS 

TO   THE   CONSTITUTION   OF    MARYLAND,    ADOPTED    M\RCH    10,    1837. 

§  1.  The  term  of  office  of  the  members  of  the  present  senate  shall  end 
and  be  determined  whenever,  and  as  soon  as  a  new  senate  shall  be 
elected  as  hereinafter  provided,  and  a  quorum  of  its  members  shall  have 
qualified  as  directed  by  the  constitution  and  laws  of  this  state. 

2.  At  the  December  session  of  the  general  assembly  for  the  year  of 
our  Lord,  eighteen  hundred  and  thirty-eight,  and  forever  thereafter,  the 
senate  shall  be  composed  of  twenty-one  members,  to  be  chosen  as  here- 
inallcr  provided,  a  majority  of  whom  shall  be  a  quorum  for  the  Iransac. 
lion  of  business. 

3.  At  tiie  time  and  place  of  holding  elections  in  the  several  counties 
of  this  state,  and  in  the  city  of  Baltimore,  for  delegates  to  the  general 
assembly  for  the  December  session  of  the  year  eighteen  hundred  and 
thirty-eight,  and  under  the  direction  of  the  same  judges  by  whom  such 
elections  for  delegates  shall  be  held,  an  election  shall  also  be  held  in 
each  of  the  several  counties  of  this  state  and  in  the  city  of  Baltimore 
respectively,  for  the  purpose  of  choosing  a  senator  of  the  state  of  Mary- 
land for  and  from  such  county  or  said  city,  as  the  case  may  be,  whose 
term  of  office  shall  commence  on  the  day  fixed  by  law  for  the  com- 
mencement of  the  regular  session  of  the  general  assembly,  next  succeed- 
ing such  election,  and  continue  for  two,  four,  or  six  years,  according  to 
the  classification  of  a  quorum  of  its  members ;  and  at  every  such  elec- 
tion for  senators,  every  person  qualified  to  vote  at  the  place  at  which  he 
shall  ofl:er  to  vote  for  delegates  to  the  general  assembly,  shall  be  entitled 
to  vote  for  one  person  as  senator ;  and  of  the  persons  voted  for  as  sena- 
tor in  each  of  the  several  counties  and  in  said  city,  respectively,  the  per- 
son having  the  highest  number  of  legal  votes,  and  possessing  the  quali- 
fications hereinafter  mentioned,  shall  be  declared  and  returned  as  duly 
elected  for  said  county  or  said  city,  as  the  case  may  be;  and  in  case 
two  persons  possessing  the  required  qualifications  shall  be  found  on  the 
final  casting  of  the  votes  given,  in  any  one  of  said  counties  or  said  city,  to 
have  an  equal  number  of  votes,  there  shall  be  a  new  election  ordered  as 
hereinafter  mentioned;  and  immediately  after  the  senate  shall  have 
convened  in  pursuance  of  their  election  under  this  act,  the  senators 
shall  be  divided  in  such  manner  as  the  senate  shall  prescribe,  into  three 
classes  ;  the  seats  of  the  senators  of  the  first  class  shall  be  vacated  at 
the  expiration  of  the  second  year,  of  the  second  class  at  the  expiration 
of  the  fourth  year,  and  of  the  third  class  at  the  expiration  of  the  sixth 
year,  so  that  one-third  thereof  may  be  elected  on  the  first  Wednesday 
of  October  in  every  second  year ;  and  elections  shall  be  lield  in  the 
several  counties  and  city,  from  which  the  retiring  senators  came,  to 
supply  the  vacancies  as  they  may  occur  in  consequence  of  this  classifi- 
cation. 

2k2  ^4131 


414  CONSTITUTION    OF 

4.  Such  election  for  senators  shall  be  conducted,  and  the  returns 
thereof  be  made,  with  proper  variations  in  the  certificate  to  suit  the 
case,  in  like  manner  as  in  cases  of  elections  for  dcleg-ates. 

5.  The  qualifications  necessary  in  a  senator  shall  be  the  same  as  are 
required  in  a  delegate  to  the  general  assembly,  with  the  additional  quail- 
fication  that  he  shall  be  above  the  ag-c  of  twenty-five  years,  and  shall 
have  resided  at  least  three  years,  next  preceding  his  election,  in  the 
county  or  city  in  and  for  which  he  shall  be  chosen. 

6.  In  case  any  person  who  shall  have  been  chosen  as  a  senator,  shall 
refuse  to  act,  remove  from  the  county  or  city,  as  the  case  may  be,  for 
which  he  shall  have  been  elected,  die,  resign,  or  be  removed  for  cause, 
or  in  case  of  a  tie  between  two  or  more  qualified  persons  in  any  one  of 
the  counties  or  in  the  city  of  Baltimore,  a  warrant  of  election  shall  be 
issued  by  the  president  of  the  senate  for  the  time  being,  for  the  election 
of  a  senator  to  supply  the  vacancy,  of  which  ten  days  notice  at  the 
least,  excluding  the  day  of  notice  and  the  day  of  election,  shall  be  given. 

7.  So  much  of  the  thirty-seventh  article  of  the  constitution  as  pro- 
vides that  no  senator  or  delegate  to  the  general  assembly,  if  he  shall 
qualify  as  such,  shall  hold  or  execute  any  office  of  profit  during  the 
time  for  which  he  shall  be  elected,  shall  be  and  the  same  is  hereby 
repealed. 

8.  No  senator  or  delegate  to  the  general  assembly  shall,  during  the 
time  for  which  he  was  elected,  be  appointed  to  any  civil  office  under 
the  constitution  and  laws  of  this  state,  which  shall  have  been  created, 
or  the  emoluments  whereof  sliall  have  been  increased  during  such  time  ; 
and  no  senator  or  delegate,  during  the  time  he  shall  continue  to  act  as 
such,  shall  be  eligible  to  any  civil  office  whatever. 

9.  At  the  election  for  delegates  to  the  general  assembly,  fijr  the  De- 
cember session  of  the  year  of  our  Lord  eighteen  hundred  and  thirty- 
eight,  and  at  each  succeeding  election  for  delegates,  until  after  the  next 
census  shall  have  been  taken  and  officially  promulgcd,  five  delegates 
shall  be  elected  in  and  for  Baltimore  city,  and  one  delegate  in  and  for 
the  city_of  Annapolis,  until  the  promulging  of  the  census  for  the  year 
eighteen  hundred  and  forty,  wlien  the  city  of  Annapolis  shall  be  deemed 
and  taken  as  a  part  of  Anne  Arundel  county,  and  her  right  to  a  sepa- 
rate delegation  shall  cease  ;  five  delegates  in  and  for  Baltimore  county ; 
five  delegates  in  and  for  Frederick  county,  and  four  delegates  in  and  for 
Anne  Arundel  county,  and  four  delegates  in  and  for  each  of  the  several 
counties  respectively,  hereinafter  mentioned,  to  wit:  Dorchester,  Somer- 
set, Worcester,  Prince  George's,  Harford,  Montgomery,  Carrol,  and 
Washington  ;  and  three  delegates  in  and  for  each  of  the  several  coun- 
ties respectively,  hereinafter  next  mentioned,  to  wit :  Cecil,  Kent, 
Queen  Anne's,  Caroline,  Talbot,  Saint  Mary's,  Charles,  Calvert,  and 
Allegany. 

10.  From  and  aller  the  period  when  the  next  census  shall  have  been 
taken  and  officially  promulged,  and  from  and  afler  the  official  promul- 
gation of  every  secoud  census  thereafler,  the  representation  in  the  house 
of  delegates  from  the  several  counties  and  from  the  city  of  Baltimore, 
shall  be  graduated  and  established  on  the  following  basis  ;  that  is  to  say, 
every  county  which  shall  have  by  tlie  said  census  a  population  of  less 
than  fifteen  thousand  souls,  federal  numbers,  shall  be  entitled  to  elect 
three  delegates ;  every  county  having  a  population  by  the  said  census 
of  fifteen  tiiousaud  souls,  and  less  than  twenty-five  thousand  souls,  fede- 


MARYLAND.  415 

ral  numbers,  shall  be  entitled  to  elect  four  delegates ;  and  every  county 
having  by  the  said  census  a  population  of  twenty-five  thousand,  and  less 
than  thirty-five  thousand  souls,  federal  numbers,  shall  be  entitled  to  elect 
five  delegates ;  and  every  county  having  a  population  of  upwards  of 
thirty-five  thousand  souls,  federal  numbers,  shall  be  entitled  to  elect  six 
delegates ;  and  the  city  of  Baltimore  shall  be  entitled  to  elect  as  many 
delegates  as  the  county  which  shall  have  the  largest  representation,  on 
the  basis  aforesaid,  may  be  entitled  to  elect ;  provided,  and  it  is  hereby 
enacted,  that  if  any  of  the  several  counties  hereinbefore  mentioned, 
shall  not,  after  the  said  census  for  the  year  eighteen  hundred  and  forty 
shall  iiave  been  taken,  be  entitled  by  the  graduation  on  tlie  basis  afore- 
said to  a  representation  in  the  house  of  delegates  equal  to  tliat  allowed 
to  such  county  by  the  ninth  section  of  this  act,  at  the  election  of  dele- 
gates for  the  December  session  of  the  year  eighteen  hundred  and  thirty- 
eight,  such  county  shall,  nevertheless,  after  said  census  for  the  year 
eighteen  hundred  and  forty,  or  any  future  census,  and  forever  thereafter, 
be  entitled  to  elect  the  number  of  delegates  allowed  by  the  provisions 
of  said  section  for  the  said  session,  but  nothing  in  the  proviso  contained, 
shall  be  construed  to  include  in  the  representation  of  Anne  Arundel 
county,  the  delegate  allowed  to  the  city  of  Annapolis  in  the  said  ninth 
section  of  this  act. 

11.  In  all  elections  for  senators,  to  be  held  afler  the  election  for  dele- 
gate»,  for  the  December  session  eighteen  hundred  and  thirty-seven,  the 
city  of  Annapolis  shall  be  deemed  and  taken  as  part  of  Anne  Arundel 
county. 

12.  The  general  assembly  shall  have  power  from  time  to  time  to  regu- 
late all  matters  relating  to  the  judges,  time,  place,  and  manner  of  hold- 
ing elections  for  senators  and  delegates,  and  of  making  returns  thereof^ 
and  to  divide  the  several  counties  into  election  districts,  for  the  more 
convenient  holding  of  elections,  not  affecting  their  terms  or  tenure  of 
ofiiee. 

13.  So  much  of  the  constitution  and  form  of  government  as  relates 
to  the  council  to  the  governor,  and  to  the  clerk  of  the  council,  be 
abrogated,  abolished,  and  annulled,  and  that  the  whole  executive  power 
of  the  government  of  this  state  shall  be  vested  exclusively  in  the  gover- 
nor, subject  nevertheless  to  the  checks,  limitations,  and  provisions,  here- 
inafler  specified  and  mentioned. 

14.  The  governor  shall  nominate,  and  by  and  with  the  advice  and 
consent  of  the  senate,  shall  appoint  all  officers  of  the  state  whose  offices 
are  or  may  be  created  by  law,  and  whose  appointment  shall  not  be 
otherwise  provided  for  by  the  constitution  and  form  of  government,  or 
by  any  laws  consistent  with  the  constitution  and  form  of  government ; 
provided,  that  this  act  shall  not  be  deemed  or  construed  to  impair  in 
any  manner  the  validity  of  the  commissions  of  such  persons  as  shall 
be  in  office  under  previous  executive  appointment,  when  this  act  shall 
go  into  operation,  or  alter,  abridge,  or  change,  the  tenure,  quality,  or 
duration  of  the  same,  or  of  any  of  them. 

15.  The  governor  shall  have  power  to  fill  any  vacancy  that  may  occur 
in  any  such  offices  during  the  recess  of  the  senate,  by  granting  com- 
missions which  shall  expire  upon  the  appointment  of  the  same  person, 
or  any  other  person,  by  and  with  the  advice  and  consent  of  the  senate, 
to  the  same  office,  or  at  the  expiration  of  one  calendar  month,  ensuing 


416  CONSTITUTION    OF 

the  commencement  of  the  next  regular  session  of  the  senate,  whichever 
sliall  first  occur, 

16.  Tlie  same  person  shall  in  no  case  be  nominated  by  the  governor 
a  second  time  during  the  same  session,  for  the  same  office,  in  case  he 
shall  have  been  rejected  by  the  senate,  unless  after  such  rejection,  the 
senate  shall  inform  the  governor  by  message  of  their  willingness  to  re- 
ceive again  the  nomination  of  such  rejected  person,  for  further  consider- 
ation, and  in  case  any  person  nominated  by  the  governor  for  any  office, 
shall  have  been  rejected  by  the  senate,  it  shall  not  be  lawful  for  the 
governor  at  any  time  afterwards,  during  the  recess  of  the  senate,  in  case 
of  vacancy  in  the  same  office,  to  appoint  such  rejected  person  to  fill 
said  vacancy. 

17.  It  shall  be  the  duty  of  the  governor,  within  the  period  of  one 
calendar  month  next  after  this  act  shall  go  into  operation,  and  in  the 
same  session  in  wiiich  the  same  shall  be  confirmed,  if  it  be  confirmed, 
and  annually  thereafter  during  the  regular  session  of  the  senate,  and  on 
such  particular  day,  if  any,  or  within  such  particular  period  as  may  be 
prescribed  by  law,  to  nominate,  and  by  and  with  the  advice  and  consent 
of  the  senate,  to  appoint  a  secretary  of  state,  who  shall  hold  his  office 
until  a  successor  shall  be  appointed,  and  who  shall  discharge  such  du- 
ties, and  receive  such  compensation,  as  shall  be  prescribed  by  law. 

18.  In  Case  a  vacancy  shall  occur  in  the  office  of  governor  at  any 
time  after  this  act  shall  go  into  operation,  the  general  assembly,  if  in 
session,  or  if  in  the  recess,  at  their  next  session,  shall  proceed  to  elect 
by  joint  ballot  of  the  two  houses,  some  person,  being  a  qualified  resident 
of  the  gubernatorial  district  from  which  the  governor  lor  said  term  is 
to  be  taken,  to  be  governor  for  the  residue  of  said  term  in  place  of  the 
person  originally  chosen  ;  and  in  every  case  of  vacancy  until  the  elec- 
tion and  qualification  of  the  person  succeeding,  the  secretary  of  state,  by 
virtue  of  his  said  office,  shall  be  clothed,  ad  interim,  with  the  executive 
powers  of  government ;  and  in  case  there  shall  be  no  secretary  of  state, 
or  in  case  he  shall  refuse  to  act,  remove  from  the  state,  die,  resign,  or 
be  removed  for  cause,  the  person  filling  the  office  of  president  of  the 
senate  shall,  by  virtue  of  his  said  office,  be  clothed,  ad  interim,  with  the 
executive  powers  of  government;  and  in  case  there  shall  be  no  president 
of  the  senate,  or  in  case  he  shall  refuse  to  act,  remove  from  the  state, 
die,  resign,  or  be  removed  for  cause,  the  person  filling  the  office  of 
speaker  of  the  house  o^  delegates  shall,  by  virtue  of  his  said  office,  be 
clothed,  ad  interim^  with  the  executive  powers  of  government. 

19.  The  term  of  office  of  the  governor,  who  shall  be  chosen  on  the 
first  Monday  of  January  next,  shall  continue  for  the  term  of  one  year, 
and  until  the  election  and  qualification  of  a  successor,  to  be  chosen  as 
hereinafter  mentroned. 

20.  At  the  time  and  places  of  holding  the  elections  in  the  several 
counties  of  this  state,  and  in  the  city  of  Baltimore,  for  delegates  to  the 
general  assembly  for  the  December  session  of  the  year  eighteen  hundred 
and  thirty-eight,  and  before  the  same  judges  by  whom  the  election  for 
delegates  shall  be  held,  and  in  every  third  year  forever  thereafter,  an 
election  shall  also  be  held  for  a  governor  of  this  state,  wdiose  term  of 
office  shall  commence  on  the  first  Monday  of  January  next  ensuing  the 
day  of  such  election,  and  continue  for  three  years,  and  until  the  elec- 
tion and  qualification  of  a  successor ;  at  which  said  election  every  per- 
son qualified  to  vote  for  delegates  to  the  general  assembly,  at  the  place 


MARYLAND.  417 

at  which  he  shall  offer  to  vote,  shall  be  entitled  to  vote  for  governor,  and 
the  person  voted  for  as  governor  shall  possess  the  qualifications  novsr  re- 
quired by  the  constitution  and  form  of  government,  and  tl)e  additional 
qualification  of  being  at  least  thirty  years  of  age,  and  of  being  and  of 
having  been  for  at  least  three  whole  years  before,  a  resident  within  the 
limits  of  the  gubernatorial  district  from  which  the  governor  is  to  be 
taiien  at  such  election,  according  to  the  priority  which  shall  be  deter- 
mined as  hcrein:ifler  mentioned,  that  is  to  say,  the  state  shall  be,  and  the 
same  is  hereby  divided  into  three  gubernatorial  districts,  as  follows :  the 
counties  of  Cecil,  Kent,  Queen  Anne's,  Caroline,  Talbot,  Dorchester, 
Somerset,  and  Worcester,  shall  together  compose  one  district,  and  until 
its  number  shall  be  determined  as  hereinafter  provided,  shall  be  known 
as  the  Eastern  District ;  the  counties  of  Saint  Mary's,  Charles,  Calvert, 
Prince  George's,  Anne  Arundel,  inclusive  of  the  city  of  Annapolis, 
Montgomery,  and  Baltimore  city,  shall  together  compose  one  district, 
and  until  its  number  sliall  be  determined  as  hereinafter  provided,  shall 
be  known  as  the  Southern  District ;  Baltimore,  Harford,  Carroll,  Frede- 
rick, Washington,  and  Allegany  counties,  shall  together  compose  one 
district,  and  until  its  number  shall  be  determined  as  hereinafter  pro- 
vided, shall  be  known  as  the  North-western  District ;  and  for  the  pur- 
pose of  determining  the  respective  numbers  and  order  of  priority  of  said 
districts  in  the  same  session  in  which  this  act  shall  be  confirmed,  if  the 
same  shall  be  confirmed  as  hereinafter  mentioned,  and  on  some  day  to 
be  fixed  by  concurrence  of  the  two  branches,  the  speaker  of  the  house 
of  delegates  shall  present  to  the  president  of  the  senate,  in  the  senate 
chamber,  a  box  containing  three  ballots  of  similar  size  and  appearance, 
and  on  which  shall  severally  be  written,  Eastern  District,  Southern  Dis- 
trict, North-western  District,  and  the  president  of  the  senate  shall 
thereupon  draw  from  said  box  the  said  several  ballots  in  succession,  and 
the  district,  the  name  of  which  shall  be  written  on  the  ballot  first  drawn, 
shall  thenceforth  be  distinguished  as  the  first  gubernatorial  district,  and 
the  person  to  be  chosen  governor  at  the  election  first  to  be  held  under 
the  provisions  of  this  section,  and  the  person  to  be  chosen  at  every  suc- 
ceeding third  election  for  governor  forever  thereafter,  shall  be  taken 
from  the  said  first  district;  and  the  district,  the  name  of  which  shall  be 
written  on  the  ballot  secondly  drawn,  shall  thenceforth  be  distinguished 
as  the  second  gubernatorial  district,  and  the  person  to  be  chosen  gover- 
nor at  tiie  second  election  to  be  held  under  the  provisions  of  this  section, 
and  the.  person  to  be  chosen  at  every  succeeding  third  election  for 
governor  forever  thereafter,  shall  be  taken  from  the  said  second  district, 
and  tlie  district,  the  name  of  which  shall  be  written  on  the  ballot  thirdly 
drawn,  shall  thenceforth  be  distinguished  as  the  third  gubernatorial  dis- 
trict, and  the  person  to  be  chosen  governor  at  the  third  election  to  be 
held  under  the  provisions  of  this  section,  and  the  person  to  be  chosen  at 
every  succeeding  third  election  forever  thereafter,  shall  be  takon  from 
the  said  third  district;  and  the  result  of  such  drawing  shall  be  entered 
on  the  journal  of  the  senate,  and  be  reported  by  the  speaker  of  the 
house  of  delegates  pn  his  return  to  that  body,  and  be  entered  on  the 
journal  thereof,  and  shall  be  certified  by  a  joint  letter,  to  be  signed  by 
the  president  of  the  senate  and  the  speaker  of  the  house  of  delegates, 
and  be  addressed  and  transmitted  to  the  secretary  of  state,  if  appointed, 
and  if  not,  as  soon  as  he  shall  be  appointed,  to  be  by  him  preserved  in 
his  office. 


418  CONSTITUTION    OF 

21.  The  general  assembly  shall  have  power  to  l-egulate  by  law  all 
matters  which  relate  to  the  judges,  time,  place,  and  manner  of  holding 
elections  for  governor,  and  of  making  returns  thereof  not  affecting  the 
tenure  and  term  of  office  thereby,  and  that  until  otherwise  directed,  the 
returns  shall  be  made  in  like  manner  as  in  elections  for  electors  of  pre- 
sident and  vice  president,  save  that  the  form  of  the  certificates  shall  be 
varied  to  suit  the  case,  and  save  also,  that  the  returns,  instead  of  being 
made  to  the  governor  and  council,  shall  be  made  to  the  senate,  and  be 
addressed  to  the  president  of  the  senate,  and  be  enclosed  under  cover  to 
the  secretary  of  state,  by  whom  they  shall  be  delivered  to  the  president 
of  the  senate,  at  the  commencement  of  the  session  next  ensuing  such 
election. 

22.  Of  the  persons  voted  for  as  governor,  at  any  such  election,  the 
person  having,  in  the  judgment  of  the  senate,  the  highest  number  of 
legal  votes,  and  possessing  the  legal  qualifications,  and  resident  as  afore- 
said, in  the  district  from  which  the  governor  at  such  election  is  to  be 
taken,  shall  be  governor,  and  shall  qualify  in  the  manner  prescribed  by 
the  constitution  and  laws,  on  the  first  Monday  of  January  next  ensuing 
his  election,  or  as  soon  thereafter  as  may  be,  and  all  questions  in  relation 
to  the  number  or  legality  of  the  votes  given  for  each  and  any  person 
voted  for  as  governor,  and  in  relation  to  the  returns,  and  in  relation  to 
the  qualificat'ions  of  the  persons  voted  for  as  governor,  shall  be  decided 
by  the  senate,  and  in  case  two  or  more  persons,  legally  qualified  accord- 
ing to  the  provisions  of  this  act,  shall  have  an  equal  number  of  legal 
votes,  then  the  senate  and  house  of  delegates,  upon  joint  ballot,  shall 
determine  which  one  of  them  shall  be  governor,  and  the  one  which, 
upon  counting  the  ballots,  shall  have  the  highest  number  of  votes,  shall 
be  governor,  and  shall  qualify  accordingly. 

23.  No  person  who  shall  be  elected,  and  shall  act  as  governor,  shall 
be  again  eligible  for  the  next  succeeding  term. 

24.  The  elections  to  be  held  in  pursuance  of  this  act,  shall  be  held 
on  the  first  Wednesday  of  October,  in  the  year  eighteen  hundred  and 
thirty-eight,  and  for  the  election  of  delegates  on  the  same  day  in  every 
year  thereafter,  for  the  election  of  governor  on  the  same  day  in  every 
third  year  thereafter,  and  for  the  election  of  senators,  of  the  first  class, 
on  the  same  day,  in  the  second  year  after  their  election  and  classifica- 
tion, and  on  the  same  day  in  every  sixth  year  thereafter ;  and  for  the 
election  of  senators  of  the  second  class,  on  the  same  day  in  the  fourth 
year  after  their  election  and  classification,  and  on  the  same  day  in  every 
sixth  year  thereafter ;  and  for  the  election  of  senators  of  the  third  class, 
on  the  same  day,  in  the  sixth  year  after  their  election  and  classification, 
and  on  the  same  day  in  every  sixth  year  thereafter. 

25.  In  all  elections  for  governor,  the  city  of  Annapolis  shall  be  deem- 
ed and  taken  as  part  of  Anne  Arundel  county. 

26.  The  relation  of  master  and  slave,  in  this  state,  shall  not  be  abol- 
ished, unless  a  bill  so  to  abolish  the  same  shall  be  passed  by  a  unanimous 
vote  of  the  members  of  each  branch  of  the  general  assembly,  and  shall 
be  published  at  least  three  months  before  a  new  election  of  delegates, 
and  shall  be  confirmed  by  a  unanimous  vote  of  the  members  of  each 
branch  of  the  general  assembly,  at  the  next  regular  constitutional  ses- 
sion  afler  such  new  election,  nor  then,  without  full  compensation  to  the 
master  for  the  property  of  which  he  shall  be  thereby  deprived. 


MARYLAND.  419 

27.' The  city  of  Annapolis  shall  continue  to  be  the  seat  of  govern- 
ment,  and  the  place  of  holding  the  sessions  of  the  court  of  appeals  for 
the  Western  Shore,  and  the  higli  court  of  chancery. 

28.  If  this  act  shall  be  confirmed  by  the  general  assembly,  after  a 
new  election  of  delegates,  in  the  first  session  after  such  new  election, 
agreeably  to  the  provisions  of  the  constitution  and  form  of  government, 
tlien  and  in  such  case,  this  act,  and  the  alterations  and  amendments  of 
the  constitution  therein  contained,  shall  be  taken  and  considered,  and 
shall  constitute  and  be  valid,  as  a  part  of  said  constitution  and  form  of 
government,  anything  in  the  said  constitution  and  form  of  government 
to  the  contrary  notwithstanding. 


THE     END. 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 
BERKELEY 

Return  to  desk  from  which  borrowed. 
This  book  is  DUE  on  the  last  date  stamped  below. 


Y      3  1948 

JUN 
25   Nov'57ES 

REC'D  L.U 
I^OV  11 1967 


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MAY 

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UNIVERSITY  OF  CALIFORNIA  LIBRARY 


